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A man was declared guilty on higher court review of sexually assaulting Gisèle Pelicot following she was rendered comatose by her husband – and has had his prison sentence increased to a decade.

Retrial Proceedings

Dogan, forty-four, an out-of-work construction worker, who had challenged his initial guilty verdict last year, faced a retrial this week at the appeals court in Nîmes.

A panel of nine jurors, sitting with three judges, ruled against Dogan on Thursday of sexually assaulting Pelicot in her bedroom in Provence in the early hours of 29 June 2019.

The evidence showed that Dogan, a married father, connected with Gisèle Pelicot’s then husband, Dominique Pelicot, in an digital platform named “without her consent”, where the husband was looking for men to come to his home to assault his wife once he had drugged her into a unconscious state.

We trust the court will declare that in this society, fundamental rights are also women’s rights – that permission is individual, not delegated,” stated Gisèle Pelicot’s attorney, Antoine Camus. “Consent is received directly and not through someone else from a husband.”

Context

Dominique Pelicot, among the most severe sexual predators in France's contemporary records, was given a prison term to twenty years in prison last year for incapacitating his then wife and soliciting dozens of men to sexually assault her in her home in the community of the village of Mazan over a period of almost a decade of their union.

Dozens of additional defendants were found culpable in a widely publicized trial last year, and Dogan was the sole individual to appeal against his verdict. He was originally sentenced to 9 years in prison, a punishment increased on Thursday to a decade.

The lead state prosecutor, the prosecutor, had stated he should serve twelve years, because he “stubbornly rejects to take any blame”.

Courtroom Details

The defendant had initially sent Dominique Pelicot inappropriate pictures and then driven an hour from his residence in the region to rape the victim, after informing his wife he was stepping out, the testimony revealed.

The ex-husband, who was transported from isolation in prison to briefly provide testimony at the appeal trial, informed the court that Dogan had known his wife had been “incapacitated” 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 key topic for a broader debate on societal attitudes in society as the defendant continued to claim he was not guilty and had not perpetrated assault, arguing that because Gisèle Pelicot’s husband had invited him into the residence, his actions had been acceptable.

The panel in the higher court was presented with recorded footage of the victim's limp body, comatose and snoring in a comatose state, while a smiling the perpetrator performed assault repeatedly over a period of what authorities reported was 3.5 hours. The presiding judge said she had been at danger of fatal outcome by choking. The prosecution said there was absolute certainty that she had been unconscious and had not agreed.

Defendant's Statements

The defendant informed the court the footage were simply “sexual encounters” and disputed it was assault. He said what he did was “a consensual activity”, not rape. He declared the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had invited him to the residence, and therefore it was OK. He said he was manipulated by the husband. “I tried to halt,” the accused informed the court. “I carried on because he persuaded me.”

Inquired if he wanted to make a final statement to the court, Dogan said: “I never wanted to hurt that woman.”

Survivor's Statement

The survivor, who was supported upon departing the trial each day by crowds gathered to back her, told the defendant in court: “You do not grasp. When will you admit you assaulted me? It is illegal to rape an unaware woman. At what point did I give you permission? At no time.”

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

Legal Commentary

Sie, speaking to Gisèle Pelicot in court, said Dogan’s failure to take accountability showed that: “Shame has not yet changed sides. Society is possibly in the course of that, maybe propelled by the collective awareness 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 “outdated” forms of “patriarchal control”. He said: “We need to change the culture of violence to a culture of consent.”

Sie told Dogan: “While you deny it, it’s not just a person, it’s an entire unpleasant societal structure that you are upholding.”

Biographical Details

Dogan was originated from Turkey and at the age of five came to France, where his father worked as a caretaker. The court heard that his parent was aggressive and that the defendant began consuming marijuana aged 10. When he was 17 he was caught by authorities for drug trafficking and his parent evicted him the family house. He was incarcerated in prison for narcotics offenses in his twenties and had worked as a construction worker but had undergone periods of homelessness.

He was married and had a son with a genetic condition, who he was the primary guardian for, as his spouse worked in a educational cafeteria. The evidence showed his wife did not know he had frequent extramarital activities beyond their union. His legal team said this was his strategy for managing with his difficult circumstances. Dogan had informed a evaluator that annually he engaged in transactional encounters on his special day. His attorneys informed the court he had joint inflammation triggered by the stress of the initial proceedings.