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An individual was convicted on retrial of sexually assaulting Gisele Pelicot after she was rendered comatose by her then-husband – and has had his jail term extended to a decade.

Retrial Proceedings

The defendant, 44, an out-of-work construction worker, who had appealed his first conviction last year, underwent a appeal hearing this week at the higher court in Nîmes.

A panel of four women and five men, sitting with three judges, convicted Dogan on Thursday of sexually assaulting the victim in her home in the south of France in the early hours of 29 June 2019.

The court heard that the accused, a married father, reached out to Gisèle Pelicot’s spouse, Dominique Pelicot, in an digital platform named “without her knowledge”, where Pelicot was seeking men to enter his residence to assault his wife once he had drugged her into a unconscious state.

We trust the jury will affirm that in this country, human rights are also women’s rights – that permission is personal, not transferred,” stated the victim's lawyer, her legal representative. “Permission is obtained personally and not via a representative from a spouse.”

Background

The ex-husband, a notorious sex offenders in France's contemporary records, was handed a sentence to two decades in prison last year for drugging his wife at the time and inviting dozens of men to rape her in her home in the town of Mazan over a period of nearly ten years of their union.

Numerous other individuals were found guilty in a notable trial last year, and Dogan was the single defendant to appeal against his verdict. He was initially given a sentence to 9 years in prison, a sentence enhanced on Thursday to ten years.

The state's attorney, Dominique Sie, had stated he should serve twelve years, because he “absolutely refuses to take any responsibility”.

Evidence Presented

Dogan had initially sent Dominique Pelicot inappropriate pictures and then traveled an hour from his residence in the region to assault Gisèle Pelicot, after notifying his wife he was going out, the court heard.

The ex-husband, who was transported from segregation in prison to briefly testify at the appeal trial, informed the court that the accused had known his wife had been “sedated” and he told to men by phone: “I want someone to assault my wife after I’ve put her to sleep without her knowledge.”

The trial became a focus point for a wider discussion on rape culture in society as the defendant continued to say he was not guilty and had not engaged in violation, stating that because the victim's husband had welcomed him into the room, his behavior had been permissible.

The panel in the higher court was displayed visual proof of the victim's unconscious figure, unconscious and breathing heavily in a deep sleep, while a grinning Dogan performed assault repeatedly over a duration of what police said was several hours. The court official said she had been at peril of death by asphyxiation. The state prosecution said there was no question that she had been unaware and had not agreed.

Accused's Testimony

The defendant told the court the footage were simply “sexual encounters” and rejected it was violation. He said what he did was “a sexual act”, not assault. He told the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had invited him to the home, and therefore it was acceptable. He said he was influenced by the husband. “I attempted to cease,” the accused told the court. “I carried on because he convinced me.”

Inquired if he wanted to make a last words to the court, the defendant said: “I had no desire to injure that lady.”

Survivor's Statement

The victim, who was applauded upon leaving court each day by supporters gathered to back her, said to Dogan in court: “You do not grasp. When will you acknowledge you violated me? It’s a crime to rape an unconscious woman. At what point did I give you permission? Not once.”

The victim, 72, became an global icon after she waived her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”

State's Argument

The prosecutor, addressing Gisèle Pelicot in court, said Dogan’s failure to take accountability showed that: “Shame has not yet changed sides. Society is perhaps in the midst of that, possibly propelled by the collective awareness brought by the revelation of your situation.”

The prosecutor said Dogan’s claims of innocence showed how societal tolerance was still prevalent in society as part of “old-fashioned” forms of “patriarchal control”. He said: “Now we must change the culture of violence to a ethos of permission.”

Sie addressed the defendant: “As long as you deny it, it’s not just a person, it’s an whole unpleasant social system that you are endorsing.”

Defendant's Background

Dogan was originated from the country of Turkey and at the age of 5 moved to the nation of France, where his parent worked as a concierge. The court heard that his father was violent and that Dogan began smoking cannabis at the age of ten. When he was seventeen he was caught by authorities for dealing drugs and his parent evicted him the residence. He was incarcerated in prison for drug dealing in his twenties and had worked as a laborer but had undergone periods of living on the streets.

He was wed and had a son with special needs, who he was the principal carer for, as his spouse worked in a school canteen. The evidence showed his spouse did not know he had regular extramarital activities outside their marriage. His defence said this was his strategy for managing with his challenging existence. The defendant had told a evaluator that annually he sought transactional encounters on his special day. His attorneys told the court he had arthritis caused by the anxiety of the original case.