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A defendant was convicted on higher court review of sexually assaulting Gisele Pelicot following she was rendered comatose by her spouse – and has had his jail term raised to 10 years.

Higher Court Case

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

A jury of nine jurors, accompanied by three judges, convicted Dogan on Thursday of sexually assaulting Pelicot in her residence in southern France in the early hours of 29 June 2019.

The court heard that Dogan, a family man, connected with the victim's spouse, the husband, in an internet forum named “unbeknownst to her”, where the husband was looking for men to enter his residence to assault his wife once he had rendered her unconscious into a deep sleep.

“We hope the court will affirm that in this nation, fundamental rights are also women’s rights – that agreement is individual, not given by another,” declared the victim's lawyer, Antoine Camus. “Consent is received personally and not through someone else from a husband.”

Background

Dominique Pelicot, a notorious sex offenders in recent French history, was sentenced to 20 years in prison last year for drugging his wife at the time and inviting dozens of men to rape her in her home in the Provence village of the village of Mazan over a period of nearly ten years of their marriage.

Fifty other men were found guilty in a high-profile trial last year, and the appellant was the only man to contest his sentence. He was originally sentenced to 9 years in prison, a punishment increased on Thursday to 10 years.

The chief prosecutor, Dominique Sie, had contended he should serve 12 years, because he “stubbornly rejects to take any accountability”.

Testimony and Proof

The defendant 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.

Pelicot, who was transported from segregation in prison to briefly testify at the retrial, informed the court that the accused had known his wife had been “sedated” and he communicated to men by phone: “I seek someone to violate my wife after I’ve rendered her unconscious without her knowledge.”

The trial became a central issue for a broader debate on sexual violence norms in society as the defendant continued to say he was blameless and had not perpetrated assault, arguing that because Gisèle Pelicot’s husband had welcomed him into the residence, his conduct had been permissible.

The jury in the Nîmes appeals court was shown video evidence of the victim's unconscious figure, sedated and snoring in a comatose state, while a grinning the perpetrator committed rape repeatedly over a timeframe of what police said was three and a half hours. The presiding judge said she had been at danger of death by suffocation. The state prosecution said there was absolute certainty that she had been incapacitated and had not agreed.

Accused's Testimony

The defendant informed 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 told the court: “I did not commit rape.” He said the victim's husband had allowed him to the residence, and therefore it was permissible. He said he was deceived by the husband. “I attempted to cease,” Dogan informed the court. “I proceeded because he reassured me.”

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

Victim's Response

The survivor, who was supported upon exiting the courtroom each day by supporters present to back her, addressed the defendant in court: “You fail to comprehend. When are you going to recognise you violated me? It is illegal to assault an unconscious woman. How could I have give you permission? Not once.”

Gisèle Pelicot, 72, became an international feminist hero after she gave up her right to anonymity in the trial last year when she said: “Shame must change sides.”

Legal Commentary

Sie, addressing the victim in court, said Dogan’s refusal to take blame showed that: “Shame has not yet changed sides. The community is maybe in the process of that, possibly driven by the public consciousness spurred by the revelation of your ordeal.”

The prosecutor said Dogan’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.”

The prosecutor addressed the defendant: “While you deny it, it’s not just a individual, it’s an entire disturbing social system that you are upholding.”

Defendant's Background

The accused was born in the country of Turkey and at the age of five relocated to France, where his father worked as a concierge. The evidence indicated that his parent was abusive and that the defendant began using drugs aged ten. When Dogan was 17 he was stopped by police for selling narcotics and his parent evicted him the family house. He served time in prison for drug dealing in his twenties and had worked as a builder but had faced periods of being unhoused.

He was married and had a son with special needs, who he was the principal carer for, as his spouse worked in a school canteen. The court heard his wife did not know he had repeated sexual encounters beyond their marriage. His legal team said this was his way of coping with his difficult circumstances. The defendant had told a court psychologist that annually he looked for paid sex on his special day. His legal representatives informed the court he had a medical condition caused by the anxiety of the initial proceedings.