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A man has been found guilty on retrial of sexually assaulting Gisele Pelicot following she was rendered comatose by her husband – and has had his incarceration period extended to ten years.

Retrial Proceedings

The defendant, forty-four, an unemployed builder, who had challenged his initial guilty verdict last year, experienced a new trial this week at the higher court in Nîmes.

A jury of four women and five men, accompanied by three judges, ruled against Dogan on Thursday of sexually assaulting the victim in her residence in Provence in the morning of 29 June 2019.

The evidence showed that the accused, a married father, made contact with Gisèle Pelicot’s husband at the time, the husband, in an digital platform named “unbeknownst to her”, where the husband was seeking men to visit his house to assault his wife once he had rendered her unconscious into a deep sleep.

We trust the court will say loud and clear that in this society, fundamental rights are also rights of women – that permission is individual, not transferred,” said the victim's lawyer, Antoine Camus. “Permission is secured directly and not through someone else from a spouse.”

Background

The husband, a notorious sexual predators in recent French history, was sentenced to 20 years in prison last year for drugging his spouse and soliciting numerous individuals to rape her in her home in the community of the village of Mazan over a period of almost a decade of their union.

Numerous other individuals were found culpable in a notable trial last year, and Dogan was the single defendant to appeal against his conviction. He was first given a sentence to 9 years in prison, a sentence raised on Thursday to 10 years.

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

Evidence Presented

Dogan had first sent Dominique Pelicot inappropriate pictures and then driven an hour from his residence in Provence to rape the victim, after informing his wife he was stepping out, the evidence indicated.

The ex-husband, who was brought from segregation in prison to briefly testify at the hearing, stated to the court that the accused had understood his wife had been “incapacitated” and he communicated to men by phone: “I seek someone to abuse my wife after I’ve put her to sleep without her knowledge.”

The proceedings became a focus point for a larger conversation on societal attitudes in society as Dogan continued to claim he was innocent and had not perpetrated assault, stating that because Gisèle Pelicot’s husband had welcomed him into the residence, his conduct had been permissible.

The jury in the higher court was presented with visual proof of the victim's unresponsive form, comatose and snoring in a deep sleep, while a grinning Dogan performed assault on several occasions over a timeframe of what investigators stated was several hours. The court official said she had been at risk of fatal outcome by asphyxiation. The prosecution said there was absolute certainty that she had been incapacitated and had not agreed.

Defendant's Statements

Dogan informed the court the footage were simply “sexual encounters” and disputed it was rape. He said what he did was “a sexual act”, not assault. He stated the court: “I never raped.” He said Gisèle Pelicot’s husband had invited him to the home, and therefore it was acceptable. He said he was manipulated by the husband. “I wanted to stop,” Dogan stated to the court. “I carried on because he reassured me.”

Inquired if he wanted to make a closing remarks to the court, the defendant said: “I did not intend to hurt that lady.”

Survivor's Statement

The survivor, who was supported upon leaving court each day by onlookers assembled to back her, addressed the defendant in court: “You haven’t understood. When will you admit you violated me? It is unlawful to rape an unconscious woman. When did I ever give you agreement? At no time.”

Gisèle Pelicot, 72, became an symbol of resistance after she gave up her right to privacy in the trial last year when she said: “Shame must change sides.”

Legal Commentary

Sie, speaking to Gisèle Pelicot in court, said Dogan’s unwillingness to take accountability showed that: “The shame remains. The public is perhaps in the process of that, possibly driven by the societal understanding spurred by the revelation of your case.”

The prosecutor said the defendant's claims of non-guilt showed how rape culture was still widespread in society as part of “outdated” forms of “patriarchal control”. He said: “We need to change rape culture to a culture of consent.”

Sie told Dogan: “While you deny it, it’s not just a woman, it’s an entire unpleasant cultural framework that you are endorsing.”

Personal History

The accused was born in the country of Turkey and at the age of 5 moved to France, where his parent worked as a building manager. The testimony revealed that his father was abusive and that Dogan began consuming marijuana aged 10. When Dogan was seventeen he was caught by authorities for selling narcotics and his father kicked him out the residence. He was incarcerated in prison for narcotics offenses in his young adulthood and had worked as a laborer but had faced periods of living on the streets.

He was wed and had a son with special needs, who he was the main caregiver for, as his wife worked in a institution's dining hall. The testimony revealed his spouse did not know he had repeated intimate relations outside their union. His legal team said this was his way of coping with his challenging existence. The defendant had told a court psychologist that once a year he engaged in commercial sex on his special day. His legal representatives stated to the court he had joint inflammation resulting from the stress of the original case.