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An individual was convicted on higher court review of sexually assaulting Gisèle Pelicot after she was rendered comatose by her spouse – and received his prison sentence extended to ten years.

Retrial Proceedings

The defendant, forty-four, an out-of-work construction worker, who had challenged his first conviction last year, underwent a new trial 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 the victim in her home in Provence in the morning of 29 June 2019.

The evidence showed that Dogan, a married father, connected with Gisèle Pelicot’s spouse, the husband, in an digital platform titled “unbeknownst to her”, where Pelicot was recruiting men to enter his residence to assault his wife once he had rendered her unconscious into a unconscious state.

“We hope the panel will declare that in this society, fundamental rights are also women’s rights – that consent is personal, not given by another,” said Gisèle Pelicot’s attorney, her legal representative. “Permission is received personally and not by proxy from a husband.”

Background

Dominique Pelicot, one of the worst sexual predators in recent French history, was sentenced to 20 years in prison last year for drugging his spouse and bringing in multiple perpetrators to sexually assault her in her home in the Provence village of Mazan over a period of nearly ten years of their union.

Dozens of additional defendants were found culpable in a high-profile trial last year, and Dogan was the only man to contest his sentence. He was originally sentenced to 9 years in prison, a penalty raised on Thursday to ten years.

The state's attorney, the prosecutor, had contended he should serve twelve years, because he “absolutely refuses to take any responsibility”.

Evidence Presented

Dogan had initially sent the husband sexually explicit photos and then driven an hour from his village in the region to assault Gisèle Pelicot, after telling his wife he was leaving, the evidence indicated.

Pelicot, who was brought from solitary confinement in prison to temporarily testify at the appeal trial, stated to the court that Dogan had understood his wife had been “sedated” and he said to men by phone: “I want someone to assault my wife after I’ve rendered her unconscious without her consent.”

The proceedings became a key topic for a wider discussion on sexual violence norms in society as Dogan continued to claim he was not guilty and had not engaged in violation, arguing that because the victim's husband had invited him into the room, his conduct had been acceptable.

The jury in the Nîmes appeals court was shown visual proof of the victim's unresponsive form, unconscious and breathing heavily in a deep sleep, while a smiling Dogan engaged in violation on several occasions over a timeframe of what investigators stated was three and a half hours. The judge said she had been at peril of death by choking. The state prosecution said there was no doubt that she had been unconscious and had not given permission.

Dogan's Claims

The defendant told the court the videos were simply “sexual encounters” and disputed it was violation. He said what he did was “a sexual act”, not assault. He stated the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had brought him to the residence, and therefore it was OK. He said he was manipulated by Dominique Pelicot. “I attempted to cease,” the accused informed the court. “I proceeded because he convinced me.”

Questioned if he wanted to make a closing remarks to the court, Dogan said: “I did not intend to injure that lady.”

Survivor's Statement

The victim, who was cheered upon exiting the courtroom each day by crowds present to back her, said to Dogan in court: “You do not grasp. When will you acknowledge you assaulted me? It is unlawful to rape an incapacitated woman. When did I ever give you permission? Not once.”

Gisèle Pelicot, seventy-two, became an international feminist hero after she gave up her right to privacy in the trial last year when she said: “Shame must change sides.”

State's Argument

Sie, turning to the victim in court, said Dogan’s failure to take responsibility showed that: “Shame has not yet changed sides. The community is maybe in the course of that, possibly driven by the societal understanding brought by the exposure of your case.”

The prosecutor said Dogan’s claims of blamelessness showed how normalized violence was still widespread in society as part of “archaic” forms of “male domination”. He said: “Now we must change the culture of violence to a ethos of permission.”

Sie said to the defendant: “While you deny it, it’s not just a woman, it’s an entire sordid societal structure that you are supporting.”

Biographical Details

Dogan was originated from Turkey and at the age of five moved to the nation of France, where his parent worked as a caretaker. The testimony revealed that his parent was abusive and that the defendant began smoking cannabis aged ten. When he was 17 he was caught by police for dealing drugs and his father forced him to leave the family house. He was incarcerated in prison for drug dealing in his twenties and had worked as a builder but had experienced periods of homelessness.

He was wed and had a son with Down’s syndrome, who he was the primary guardian for, as his spouse worked in a institution's dining hall. The court heard his spouse did not know he had frequent sexual encounters beyond their marriage. His defence said this was his method of dealing with his challenging existence. The defendant had informed a evaluator that annually he sought transactional encounters on his birthday. His legal representatives told the court he had arthritis resulting from the stress of the initial proceedings.