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A defendant has been found guilty on appeal of sexually assaulting Gisèle Pelicot following she was rendered comatose by her spouse – and has had his jail term extended to 10 years.

Higher Court Case

The defendant, 44, an out-of-work construction worker, who had appealed his initial guilty verdict last year, experienced a new trial this week at the Nîmes court of appeal.

A panel of nine jurors, sitting with three judges, found Dogan guilty on Thursday of raping Pelicot in her bedroom in the south of France in the morning of June 29, 2019.

The court heard that Dogan, a married father, reached out to Gisèle Pelicot’s then husband, the husband, in an digital platform called “unbeknownst to her”, where Pelicot was looking for men to come to his home to rape his wife once he had drugged her into a deep sleep.

We expect the jury will affirm that in this nation, human rights are also women’s rights – that permission is individual, not transferred,” stated Gisèle Pelicot’s lawyer, her legal representative. “Permission is received personally and not via a representative from a husband.”

Context

Dominique Pelicot, one of the worst sex offenders in modern French history, was given a prison term to 20 years in prison last year for sedating his wife at the time and soliciting dozens of men to sexually assault her in her home in the Provence village of Mazan over a period of almost a decade of their union.

Dozens of additional defendants were found convicted in a high-profile trial last year, and Dogan was the single defendant to contest his conviction. He was initially sentenced to 9 years in prison, a sentence enhanced on Thursday to ten years.

The chief prosecutor, the prosecutor, had contended he should serve twelve years, because he “completely denies to take any responsibility”.

Courtroom Details

Dogan had initially sent Dominique Pelicot inappropriate pictures and then traveled an hour from his residence in Provence to assault the victim, after telling his wife he was stepping out, the court heard.

Pelicot, who was transported from segregation in prison to briefly provide testimony at the hearing, informed the court that Dogan had been aware his wife had been “incapacitated” and he said to men by phone: “I’m looking for someone to assault my wife after I’ve put her to sleep unbeknownst to her.”

The trial became a central issue for a larger conversation on rape culture in society as Dogan continued to claim he was blameless and had not perpetrated assault, stating that because the victim's husband had invited him into the bedroom, his actions had been permissible.

The panel in the Nîmes appeals court was displayed visual proof of Gisèle Pelicot’s limp body, sedated and snoring in a deep sleep, while a smiling Dogan engaged in violation multiple times over a duration of what authorities reported was 3.5 hours. The presiding judge said she had been at peril of death by suffocation. The prosecution said there was absolute certainty that she had been incapacitated and had not given permission.

Dogan's Claims

The defendant told the court the footage were simply “sexual encounters” and rejected it was violation. He said what he did was “a sexual act”, not rape. He told 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 informed the court. “I continued because he persuaded me.”

Asked if he wanted to make a final statement to the court, the defendant said: “I had no desire to hurt that woman.”

Victim's Response

The victim, who was applauded upon departing the trial each day by supporters gathered to support her, said to Dogan in court: “You do not grasp. When will you acknowledge you violated me? It’s a crime to rape an unconscious woman. How could I have give you consent? At no time.”

Gisèle Pelicot, 72, became an symbol of resistance after she relinquished her right to privacy in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

The prosecutor, turning to Gisèle Pelicot in court, said Dogan’s unwillingness to take accountability showed that: “The shame remains. The public is maybe in the midst of that, possibly propelled by the public consciousness spurred by the exposure of your situation.”

Sie said Dogan’s claims of innocence showed how normalized violence was still common in society as part of “archaic” forms of “gender-based power”. He said: “Now we must change rape culture to a society based on agreement.”

Sie told the defendant: “While you reject it, it’s not just a person, it’s an whole unpleasant social system that you are endorsing.”

Defendant's Background

Dogan was originated from Turkey and at the age of five moved to France, where his parent worked as a concierge. The testimony revealed that his parent was violent and that Dogan began using drugs at the age of ten. When Dogan was 17 he was stopped by police for dealing drugs and his parent kicked him out of home. He served time in prison for narcotics offenses in his young adulthood and had worked as a builder but had faced periods of being unhoused.

He was wed and had a child with Down’s syndrome, who he was the main caregiver for, as his spouse worked in a school canteen. The testimony revealed his wife did not know he had regular extramarital activities beyond their union. His defence said this was his method of dealing with his challenging existence. Dogan had informed a court psychologist that each year he sought commercial sex on his special day. His attorneys told the court he had joint inflammation resulting from the stress of the original case.