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An individual was declared guilty on higher court review of sexually assaulting Gisèle Pelicot following she was rendered comatose by her then-husband – and has had his incarceration period extended to a decade.

Higher Court Case

Dogan, forty-four, an unemployed builder, who had contested his first conviction last year, experienced a new trial this week at the Nîmes court of appeal.

A jury of nine jurors, joined by three judges, convicted Dogan on Thursday of sexually assaulting the victim in her residence in the south of France in the early hours of June 29, 2019.

The court heard that Dogan, a family man, made contact with Gisèle Pelicot’s husband at the time, Dominique Pelicot, in an digital platform titled “without her consent”, where the husband was recruiting men to come to his home to assault his wife after he had sedated her into a unconscious state.

“We hope the jury will affirm that in this nation, human rights are also women’s rights – that permission is individual, not delegated,” stated the victim's attorney, Antoine Camus. “Permission is obtained personally and not through someone else from a husband.”

Context

The husband, one of the worst sexual predators in France's contemporary records, was sentenced to 20 years in prison last year for sedating his then wife and bringing in numerous individuals to rape her in her home in the town of Mazan over a span of many years of their union.

Fifty other men were found guilty in a widely publicized trial last year, and the appellant was the only man to challenge his verdict. He was first given a sentence to 9 years in prison, a penalty raised on Thursday to ten years.

The lead state prosecutor, the prosecutor, had stated he should serve twelve years, because he “completely denies to take any accountability”.

Courtroom Details

Dogan had first sent Dominique Pelicot sexually explicit photos and then traveled an hour from his residence in the region to rape the victim, after notifying his wife he was stepping out, the court heard.

Pelicot, who was transported from solitary confinement in prison to briefly provide testimony at the retrial, stated to the court that Dogan had known his wife had been “sedated” and he said to men by phone: “I seek someone to violate my wife after I’ve sedated her without her knowledge.”

The trial became a key topic for a wider discussion on rape culture in society as the defendant continued to claim he was not guilty and had not committed rape, arguing that because Gisèle Pelicot’s husband had allowed him into the room, his actions had been justifiable.

The panel in the Nîmes appeals court was displayed recorded footage of Gisèle Pelicot’s limp body, comatose and snoring in a comatose state, while a smiling the perpetrator committed rape repeatedly over a duration of what authorities reported was 3.5 hours. The court official said she had been at peril of fatal outcome by suffocation. The state prosecution said there was no doubt that she had been unconscious and had not consented.

Dogan's Claims

Dogan told the court the footage were simply “sexual encounters” and denied it was violation. He said what he did was “an intimate behavior”, not assault. He told the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had allowed him to the residence, and therefore it was permissible. He said he was manipulated by the husband. “I tried to halt,” Dogan informed the court. “I proceeded because he convinced me.”

Questioned if he wanted to make a last words to the court, Dogan said: “I had no desire to injure that lady.”

Survivor's Statement

The victim, who was cheered upon departing the trial each day by onlookers present to back her, addressed Dogan in court: “You do not grasp. When will you acknowledge you raped me? It is illegal to assault an incapacitated woman. At what point did I give you permission? Not once.”

The victim, seventy-two, became an symbol of resistance after she gave up her right to anonymity in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

The prosecutor, addressing Gisèle Pelicot in court, said Dogan’s refusal to take accountability showed that: “Guilt has not shifted. The community is possibly in the midst of that, possibly driven by the collective awareness brought by the revelation of your case.”

The prosecutor said Dogan’s claims of blamelessness showed how normalized violence was still prevalent in society as part of “archaic” forms of “gender-based power”. He said: “It is imperative to change the culture of violence to a culture of consent.”

The prosecutor said to Dogan: “As long as you deny it, it’s not just a individual, it’s an whole disturbing cultural framework that you are supporting.”

Personal History

The accused was originated from the country of Turkey and at the age of five moved to the nation of France, where his parent worked as a concierge. The evidence indicated that his father was aggressive and that Dogan began using drugs at the age of 10. When Dogan was 17 he was stopped by police for drug trafficking and his father kicked him out the residence. He was incarcerated in prison for drug dealing in his young adulthood and had worked as a builder but had experienced periods of being unhoused.

He was married and had a son with a genetic condition, who he was the principal carer for, as his wife worked in a school canteen. The testimony revealed his wife did not know he had frequent intimate relations beyond their union. His defence said this was his way of coping with his difficult circumstances. The defendant had stated to a mental health expert that annually he looked for commercial sex on his special day. His legal representatives informed the court he had a medical condition triggered by the stress of the first trial.