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A man has been found guilty on higher court review of sexually assaulting Gisele Pelicot following she was rendered comatose by her spouse – and received his jail term increased to ten years.

Higher Court Case

Dogan, 44, an unemployed builder, who had challenged his first conviction last year, experienced a new trial this week at the higher court in Nîmes.

A panel of four women and five men, joined by three judges, ruled against Dogan on Thursday of raping Pelicot in her bedroom in the south of France in the early hours of June 29, 2019.

The court heard that the accused, a family man, made contact with the victim's spouse, Dominique Pelicot, in an digital platform named “without her consent”, where the husband was looking for men to visit his house to assault his wife once he had rendered her unconscious into a unconscious state.

“We hope the court will declare that in this society, human rights are also women’s rights – that permission is personal, not transferred,” stated Gisèle Pelicot’s lawyer, Antoine Camus. “Consent is secured directly and not through someone else from a spouse.”

Context

Dominique Pelicot, a notorious sexual predators in France's contemporary records, was sentenced to two decades in prison last year for sedating his spouse and bringing in multiple perpetrators to rape her in her home in the town of the village of Mazan over a period of almost a decade of their union.

Fifty other men were found culpable in a high-profile trial last year, and Dogan was the only man to challenge his conviction. He was initially sentenced to nine years in prison, a sentence raised on Thursday to ten years.

The lead state prosecutor, Dominique Sie, had stated he should serve 12 years, because he “stubbornly rejects to take any responsibility”.

Testimony and Proof

Dogan had first sent the husband inappropriate pictures and then traveled an hour from his residence in Provence to assault Gisèle Pelicot, after notifying his wife he was stepping out, the testimony revealed.

The ex-husband, who was transported from segregation in prison to temporarily give evidence at the retrial, informed the court that Dogan had been aware his wife had been “drugged” and he told to men by phone: “I want someone to abuse my wife after I’ve sedated her unbeknownst to her.”

The courtroom became a key topic for a larger conversation on sexual violence norms in society as Dogan continued to say he was not guilty and had not engaged in violation, stating that because the victim's husband had allowed him into the bedroom, his conduct had been acceptable.

The panel in the higher court was presented with video evidence of the victim's limp body, comatose and snoring in a deep sleep, while a grinning the perpetrator committed rape repeatedly over a timeframe of what police said was 3.5 hours. The court official said she had been at danger of death by choking. The state prosecution said there was no doubt that she had been unconscious and had not agreed.

Accused's Testimony

The defendant stated to the court the videos were simply “intimate moments” and disputed it was violation. He said what he did was “a sexual act”, not rape. He declared the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had allowed him to the home, and therefore it was acceptable. He said he was influenced by Dominique Pelicot. “I wanted to stop,” Dogan informed the court. “I carried on because he convinced me.”

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

Victim's Response

The victim, who was supported upon leaving court each day by crowds assembled to stand with her, told Dogan in court: “You haven’t understood. When will you admit you violated me? It’s a crime to assault an incapacitated woman. At what point did I give you permission? Not once.”

The victim, 72, became an international feminist hero after she relinquished her right to confidentiality in the trial last year when she said: “The shame should shift.”

State's Argument

The prosecutor, speaking to Gisèle Pelicot in court, said the defendant's failure to take responsibility showed that: “Shame has not yet changed sides. The community is perhaps in the midst of that, maybe driven by the societal understanding resulting from the publication of your situation.”

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

Sie told the defendant: “While you reject it, it’s not just a individual, it’s an entire unpleasant societal structure that you are supporting.”

Biographical Details

Dogan was originated from the country of Turkey and at the age of 5 came to the nation of France, where his parent worked as a building manager. The court heard that his parent was abusive and that Dogan began smoking cannabis aged 10. When he was 17 he was caught by police for selling narcotics and his father kicked him out the residence. He served time in prison for trafficking in his young adulthood and had worked as a builder but had faced periods of homelessness.

He was married and had a child with a genetic condition, who he was the principal carer for, as his wife worked in a institution's dining hall. The testimony revealed his wife did not know he had repeated extramarital activities beyond their union. His legal team said this was his way of coping with his challenging existence. Dogan had informed a mental health expert that once a year he looked for commercial sex on his special day. His lawyers told the court he had arthritis resulting from the stress of the original case.