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A defendant has been found guilty on higher court review of sexually assaulting Gisèle Pelicot following she was rendered comatose by her then-husband – and has had his prison sentence raised to 10 years.

Higher Court Case

The defendant, forty-four, an out-of-work construction worker, who had challenged his first conviction last year, faced a retrial this week at the Nîmes court of appeal.

A jury of four women and five men, accompanied by three judges, convicted Dogan on Thursday of sexually assaulting Pelicot in her bedroom in southern France in the morning of 29 June 2019.

The testimony revealed that Dogan, a family man, connected with the victim's husband at the time, the husband, in an digital platform titled “unbeknownst to her”, where Pelicot was looking for men to come to his home to assault his wife after he had sedated her into a unconscious state.

“We hope the panel will say loud and clear that in this country, fundamental rights are also rights of women – that permission is personal, not delegated,” said Gisèle Pelicot’s attorney, her legal representative. “Permission is obtained personally and not through someone else from a husband.”

Context

The husband, among the most severe sex offenders in recent French history, was sentenced to twenty years in prison last year for incapacitating his then wife and soliciting dozens of men to rape her in her home in the town of Mazan over a span of many years of their marriage.

Dozens of additional defendants were found culpable in a high-profile trial last year, and Dogan was the single defendant to appeal against his verdict. He was originally sentenced to 9 years in prison, a sentence enhanced on Thursday to ten years.

The chief prosecutor, the prosecutor, had stated he should serve twelve years, because he “absolutely refuses to take any blame”.

Testimony and Proof

The defendant had initially sent Dominique Pelicot inappropriate pictures and then traveled an hour from his residence in Provence to rape the victim, after telling his wife he was leaving, the evidence indicated.

Pelicot, who was brought from isolation in prison to briefly give evidence at the retrial, informed the court that Dogan had been aware his wife had been “drugged” and he said to men by phone: “I’m looking for someone to abuse my wife after I’ve put her to sleep without her consent.”

The courtroom became a central issue for a larger conversation on societal attitudes in society as Dogan continued to assert he was blameless and had not committed rape, arguing that because the victim's husband had welcomed him into the bedroom, his actions had been justifiable.

The jury in the higher court was presented with recorded footage of the victim's limp body, sedated and breathing heavily in a unconscious condition, while a smiling the perpetrator committed rape multiple times over a duration of what police said was 3.5 hours. The presiding judge said she had been at risk of death by choking. The prosecution said there was absolute certainty that she had been unconscious and had not given permission.

Accused's Testimony

Dogan told the court the videos were simply “sexual encounters” and rejected it was assault. He said what he did was “a consensual activity”, not rape. He stated the court: “I did not commit rape.” He said the victim's husband had allowed him to the house, and therefore it was permissible. He said he was manipulated by Dominique Pelicot. “I wanted to stop,” Dogan informed the court. “I continued because he convinced me.”

Questioned if he wanted to make a last words to the court, the defendant said: “I did not intend to injure that woman.”

Survivor's Statement

The survivor, who was supported upon leaving court each day by crowds assembled to back her, addressed Dogan in court: “You do not grasp. When will you admit you assaulted me? It is illegal to assault an incapacitated woman. How could I have give you consent? Never.”

Gisèle Pelicot, 72, became an international feminist hero after she gave up her right to anonymity in the trial last year when she said: “The shame should shift.”

Legal Commentary

The prosecutor, addressing the victim in court, said Dogan’s refusal to take responsibility showed that: “Shame has not yet changed sides. Society is possibly in the process of that, possibly propelled by the societal understanding brought by the exposure of your case.”

Sie said the defendant's claims of innocence showed how societal tolerance was still widespread in society as part of “outdated” forms of “patriarchal control”. He said: “It is imperative to change the culture of violence to a ethos of permission.”

Sie said to Dogan: “As long as you reject it, it’s not just a person, it’s an entire sordid societal structure that you are upholding.”

Personal History

Dogan was originated from the country of Turkey and at the age of 5 moved to the nation of France, where his father worked as a caretaker. The testimony revealed that his parent was aggressive and that Dogan began using drugs at the age of ten. When he was seventeen he was caught by authorities for selling narcotics and his father evicted him the residence. He spent time in prison for drug dealing in his young adulthood and had worked as a laborer but had faced periods of being unhoused.

He was wed and had a child with special needs, who he was the primary guardian for, as his wife worked in a educational cafeteria. The testimony revealed his wife did not know he had frequent extramarital activities outside their union. His legal team said this was his method of dealing with his challenging existence. Dogan had stated to a court psychologist that once a year he engaged in paid sex on his special day. His attorneys stated to the court he had a medical condition triggered by the stress of the original case.