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

Appeal Trial

Dogan, forty-four, an unemployed builder, who had appealed his initial guilty verdict last year, experienced 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 sexually assaulting Pelicot in her bedroom in the south of France in the early hours of June 29, 2019.

The testimony revealed that the accused, a family man, connected with the victim's then husband, the husband, in an online chatroom called “without her knowledge”, where the husband was looking for men to visit his house to assault his wife after he had sedated her into a deep sleep.

“We hope the panel will say loud and clear that in this society, fundamental rights are also rights of women – that agreement is personal, not given by another,” stated the victim's attorney, Antoine Camus. “Consent is received personally and not by proxy from a spouse.”

Background

The ex-husband, one of the worst sex offenders in France's contemporary records, was given a prison term to 20 years in prison last year for incapacitating his spouse and inviting multiple perpetrators to sexually assault her in her home in the community of the village of Mazan over a period 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 contest his conviction. He was originally given a sentence to nine years in prison, a penalty enhanced on Thursday to 10 years.

The lead state prosecutor, the prosecutor, had contended he should serve 12 years, because he “completely denies to take any blame”.

Courtroom Details

The defendant had first sent the husband sexually explicit photos and then traveled an hour from his residence in Provence to assault the victim, after telling his wife he was leaving, the court heard.

Pelicot, who was transported from isolation in prison to temporarily give evidence at the appeal trial, informed the court that the accused had known his wife had been “incapacitated” and he told to men by phone: “I want someone to violate my wife after I’ve put her to sleep without her consent.”

The courtroom became a focus point for a broader debate on rape culture in society as Dogan continued to assert he was blameless and had not perpetrated assault, stating that because the victim's husband had welcomed him into the bedroom, his conduct had been justifiable.

The jury in the higher court was shown recorded footage of Gisèle Pelicot’s limp body, unconscious and breathing heavily in a deep sleep, while a smiling Dogan committed rape on several occasions over a timeframe of what police said was 3.5 hours. The presiding judge said she had been at danger of death by asphyxiation. The prosecution said there was absolute certainty that she had been unaware and had not consented.

Dogan's Claims

Dogan told the court the recordings were simply “sex scenes” and disputed it was violation. He said what he did was “a consensual activity”, not rape. He told the court: “I am innocent of assault.” He said the victim's husband had invited him to the residence, and therefore it was OK. He said he was manipulated by Dominique Pelicot. “I tried to halt,” Dogan stated to the court. “I continued because he persuaded me.”

Asked if he wanted to make a final statement to the court, Dogan said: “I did not intend to injure that woman.”

Survivor's Statement

The victim, who was applauded upon exiting the courtroom each day by onlookers present to stand with her, told Dogan in court: “You do not grasp. When will you admit you violated me? It is unlawful to rape an unconscious woman. When did I ever give you agreement? Not once.”

The victim, 72, became an global icon after she waived her right to anonymity in the trial last year when she said: “The shame should shift.”

State's Argument

Sie, turning to Gisèle Pelicot in court, said the defendant's refusal to take responsibility showed that: “Shame has not yet changed sides. The community is maybe in the midst of that, maybe motivated by the public consciousness brought by the revelation of your situation.”

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

Sie told Dogan: “As long as you reject it, it’s not just a woman, it’s an complete unpleasant social system that you are supporting.”

Personal History

Dogan was born in Turkey and at the age of five came to the nation of France, where his parent worked as a caretaker. The court heard that his parent was abusive and that the defendant began consuming marijuana at the age of 10. When he was 17 he was stopped by police for dealing drugs and his parent evicted him of home. He served time in prison for narcotics offenses in his early 20s and had worked as a laborer but had faced periods of living on the streets.

He was wed and had a child with a genetic condition, who he was the main caregiver for, as his wife worked in a educational cafeteria. The court heard his spouse did not know he had frequent intimate relations outside their marriage. His legal team said this was his method of dealing with his stressful life. Dogan had told a evaluator that once a year he engaged in paid sex on his special day. His attorneys stated to the court he had arthritis resulting from the anxiety of the initial proceedings.