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An individual was convicted on higher court review of sexually assaulting Gisele Pelicot after she was rendered comatose by her then-husband – and received his jail term increased to a decade.

Higher Court Case

The defendant, forty-four, an unemployed builder, who had appealed his initial guilty verdict last year, underwent a retrial this week at the higher court in Nîmes.

A jury of four women and five men, joined by three judges, ruled against Dogan on Thursday of raping the victim in her residence in southern France in the morning of 29 June 2019.

The court heard that the accused, a family man, reached out to Gisèle Pelicot’s spouse, Dominique Pelicot, in an digital platform titled “without her consent”, where Pelicot was seeking men to enter his residence to assault his wife after he had rendered her unconscious into a unconscious state.

We expect the court will affirm that in this society, fundamental rights are also rights of women – that agreement is individual, not given by another,” stated Gisèle Pelicot’s lawyer, Antoine Camus. “Agreement is obtained personally and not through someone else from a spouse.”

Context

The ex-husband, a notorious sex offenders in modern French history, was handed a sentence to 20 years in prison last year for sedating his spouse and soliciting multiple perpetrators to sexually assault her in her home in the Provence village of Mazan over a duration of many years of their marriage.

Fifty other men were found convicted in a notable trial last year, and Dogan was the only man to challenge his conviction. He was first sentenced to nine years in prison, a penalty raised on Thursday to 10 years.

The state's attorney, the prosecutor, had contended he should serve 12 years, because he “stubbornly rejects to take any accountability”.

Courtroom Details

Dogan had first sent the husband graphic images and then traveled an hour from his residence in the region to assault Gisèle Pelicot, after informing his wife he was stepping out, the testimony revealed.

The ex-husband, who was brought from isolation in prison to temporarily testify at the appeal trial, informed the court that the accused had known his wife had been “drugged” and he said to men by phone: “I seek someone to abuse my wife after I’ve sedated her without her knowledge.”

The courtroom became a central issue for a broader debate on sexual violence norms in society as Dogan continued to assert he was not guilty and had not engaged in violation, contending that because Gisèle Pelicot’s husband had welcomed him into the residence, his conduct had been justifiable.

The jury in the higher court was shown visual proof of Gisèle Pelicot’s limp body, unconscious and breathing heavily in a comatose state, while a smiling Dogan engaged in violation repeatedly over a period of what investigators stated was 3.5 hours. The presiding judge said she had been at peril of fatal outcome by choking. The state prosecution said there was no doubt that she had been incapacitated and had not consented.

Accused's Testimony

Dogan stated to the court the footage were simply “sex scenes” and denied it was rape. He said what he did was “a consensual activity”, not assault. He declared the court: “I never raped.” He said the victim's husband had allowed him to the home, and therefore it was OK. He said he was manipulated by the husband. “I wanted to stop,” Dogan stated to the court. “I carried on because he persuaded me.”

Questioned if he wanted to make a last words to the court, Dogan said: “I did not intend to harm that individual.”

Victim's Response

The victim, who was cheered upon leaving court each day by crowds present to support her, told the defendant in court: “You fail to comprehend. When will you acknowledge you raped me? It is illegal to rape an incapacitated woman. At what point did I give you permission? Never.”

The victim, 72, became an international feminist hero after she relinquished her right to confidentiality in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

Sie, addressing Gisèle Pelicot in court, said the defendant's unwillingness to take blame showed that: “Guilt has not shifted. Society is maybe in the midst of that, maybe motivated by the societal understanding spurred by the exposure of your ordeal.”

The prosecutor said Dogan’s claims of non-guilt showed how rape culture was still prevalent in society as part of “old-fashioned” forms of “gender-based power”. He said: “Now we must change the culture of violence to a society based on agreement.”

The prosecutor addressed Dogan: “As long as you deny it, it’s not just a woman, it’s an complete unpleasant social system that you are endorsing.”

Personal History

The accused was originated from the country of Turkey and at the age of five came to the nation of France, where his parent worked as a caretaker. The evidence indicated that his father was abusive and that Dogan began consuming marijuana at the age of 10. When he was 17 he was caught by police for drug trafficking and his parent evicted him the residence. He spent time in prison for narcotics offenses in his young adulthood and had worked as a laborer but had experienced periods of living on the streets.

He was wed and had a child with Down’s syndrome, who he was the primary guardian for, as his wife worked in a institution's dining hall. The testimony revealed his wife did not know he had frequent sexual encounters outside their union. His legal team said this was his method of dealing with his difficult circumstances. Dogan had informed a evaluator that each year he sought paid sex on his special day. His legal representatives told the court he had a medical condition caused by the stress of the first trial.