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A defendant was convicted on retrial of sexually assaulting Gisele Pelicot following she was rendered comatose by her then-husband – and received his jail term increased to 10 years.

Appeal Trial

The defendant, forty-four, an out-of-work construction worker, who had contested his first conviction last year, faced a appeal hearing this week at the appeals court in Nîmes.

A jury of four women and five men, sitting with three judges, convicted Dogan on Thursday of raping Pelicot in her bedroom in the south of France in the early hours of June 29, 2019.

The court heard that the accused, a family man, made contact with Gisèle Pelicot’s husband at the time, the husband, in an online chatroom called “unbeknownst to her”, where Pelicot was looking for men to enter his residence to assault his wife after he had rendered her unconscious into a deep sleep.

“We hope the panel will say loud and clear that in this country, fundamental rights are also women’s rights – that permission is individual, not delegated,” stated the victim's attorney, her legal representative. “Permission is obtained personally and not by proxy from a spouse.”

Context

Dominique Pelicot, one of the worst sexual predators in France's contemporary records, was sentenced to twenty years in prison last year for incapacitating his wife at the time and inviting numerous individuals to sexually assault her in her home in the town of the village of Mazan over a span of nearly ten years of their marriage.

Numerous other individuals were found guilty in a notable trial last year, and the appellant was the only man to challenge his sentence. He was initially sentenced to nine years in prison, a penalty increased on Thursday to ten years.

The lead state prosecutor, Dominique Sie, had argued he should serve twelve years, because he “absolutely refuses to take any responsibility”.

Testimony and Proof

The defendant had initially sent the husband inappropriate pictures and then traveled an hour from his village in Provence to rape Gisèle Pelicot, after informing his wife he was stepping out, the evidence indicated.

Pelicot, who was brought from isolation in prison to temporarily give evidence at the hearing, informed the court that the accused had understood his wife had been “drugged” and he said to men by phone: “I’m looking for someone to assault my wife after I’ve rendered her unconscious without her knowledge.”

The trial became a central issue for a broader debate on rape culture in society as Dogan continued to say he was blameless and had not engaged in violation, stating that because Gisèle Pelicot’s husband had invited him into the bedroom, his conduct had been permissible.

The jury in the higher court was presented with visual proof of the victim's unresponsive form, comatose and breathing heavily in a deep sleep, while a smiling Dogan committed rape multiple times over a period of what investigators stated was three and a half hours. The presiding judge said she had been at danger of fatal outcome by suffocation. The prosecution said there was no question that she had been unaware and had not given permission.

Dogan's Claims

Dogan stated to the court the footage were simply “sexual encounters” and rejected it was rape. He said what he did was “an intimate behavior”, not assault. He declared the court: “I did not commit rape.” He said the victim's husband had invited him to the residence, and therefore it was permissible. He said he was influenced by the husband. “I wanted to stop,” Dogan stated to the court. “I carried on because he persuaded me.”

Inquired if he wanted to make a final statement to the court, Dogan said: “I did not intend to harm that lady.”

Victim's Response

The victim, who was applauded upon departing the trial each day by crowds gathered to stand with her, told the defendant in court: “You fail to comprehend. When will you admit you violated me? It’s a crime to assault an incapacitated woman. How could I have give you agreement? Never.”

The victim, seventy-two, became an international feminist hero after she waived her right to privacy in the trial last year when she said: “Guilt ought to transfer.”

State's Argument

The prosecutor, turning to the victim in court, said Dogan’s failure to take responsibility showed that: “Shame has not yet changed sides. Society is possibly in the midst of that, possibly propelled by the public consciousness resulting from the publication of your ordeal.”

The prosecutor said the defendant's claims of blamelessness showed how societal tolerance was still common in society as part of “old-fashioned” forms of “male domination”. He said: “We need to change rape culture to a ethos of permission.”

The prosecutor said to the defendant: “As long as you refuse to admit it, it’s not just a woman, it’s an entire sordid societal structure that you are supporting.”

Personal History

The accused was born in Turkey and at the age of five relocated to France, where his father worked as a concierge. The testimony revealed that his parent was violent and that Dogan began using drugs aged 10. When Dogan was 17 he was caught by authorities for drug trafficking and his parent forced him to leave the family house. He was incarcerated in prison for trafficking in his early 20s and had worked as a laborer but had undergone periods of living on the streets.

He was wed and had a son with special needs, who he was the main caregiver for, as his wife worked in a school canteen. The testimony revealed his wife did not know he had regular extramarital activities beyond their marriage. His legal team said this was his method of dealing with his stressful life. Dogan had informed a evaluator that each year he looked for paid sex on his special day. His attorneys stated to the court he had a medical condition triggered by the anxiety of the initial proceedings.