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A man was declared guilty on appeal of sexually assaulting Gisele Pelicot after she was rendered comatose by her spouse – and has had his prison sentence extended to ten years.

Higher Court Case

Dogan, forty-four, an out-of-work construction worker, who had contested his initial guilty verdict last year, underwent a appeal hearing this week at the appeals court in Nîmes.

A panel of nine jurors, joined by three judges, found Dogan guilty on Thursday of sexually assaulting Pelicot in her bedroom in Provence in the early hours of June 29, 2019.

The court heard that the accused, a married father, reached out to Gisèle Pelicot’s husband at the time, the husband, in an online chatroom named “without her knowledge”, where Pelicot was looking for men to come to his home to assault his wife after he had drugged her into a comatose state.

We trust the court will say loud and clear that in this country, human rights are also women’s rights – that permission is personal, not transferred,” stated the victim's attorney, Antoine Camus. “Permission is secured personally and not via a representative from a husband.”

Background

The husband, one of the worst sexual predators in recent French history, was sentenced to two decades in prison last year for incapacitating his spouse and bringing in dozens of men to rape her in her home in the community of Mazan over a duration of many years of their marriage.

Numerous other individuals were found culpable in a notable trial last year, and Dogan was the only man to contest his sentence. He was originally given a sentence to nine years in prison, a punishment enhanced on Thursday to a decade.

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

Testimony and Proof

Dogan had initially sent Dominique Pelicot inappropriate pictures and then traveled an hour from his village in Provence to rape the victim, after notifying his wife he was stepping out, the court heard.

Pelicot, who was transported from isolation in prison to temporarily give evidence at the appeal trial, stated to the court that the accused had been aware his wife had been “incapacitated” and he told to men by phone: “I’m looking for someone to assault my wife after I’ve sedated her unbeknownst to her.”

The trial became a focus point for a wider discussion on sexual violence norms in society as the defendant continued to say he was not guilty and had not committed rape, stating that because the victim's husband had welcomed him into the bedroom, his conduct had been permissible.

The jury in the higher court was presented with video evidence of Gisèle Pelicot’s limp body, sedated and snoring in a deep sleep, while a grinning Dogan performed assault repeatedly over a timeframe of what police said was several hours. The court official said she had been at risk of fatal outcome by choking. The state prosecution said there was no doubt that she had been incapacitated and had not consented.

Dogan's Claims

Dogan informed the court the recordings were simply “intimate moments” and rejected it was assault. He said what he did was “a sexual act”, not rape. He declared the court: “I never raped.” He said the victim's husband had invited him to the house, and therefore it was acceptable. He said he was manipulated by Dominique Pelicot. “I tried to halt,” Dogan stated to the court. “I proceeded because he persuaded me.”

Questioned if he wanted to make a closing remarks to the court, Dogan said: “I never wanted to harm that woman.”

Pelicot's Words

The victim, who was supported upon leaving court each day by crowds present to support her, told Dogan in court: “You fail to comprehend. When are you going to recognise you raped me? It’s a crime to assault an unaware woman. At what point did I give you permission? Not once.”

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

Legal Commentary

The prosecutor, turning to Gisèle Pelicot in court, said the defendant's refusal to take accountability showed that: “Guilt has not shifted. Society is possibly in the midst of that, maybe driven by the societal understanding spurred by the publication of your case.”

Sie said Dogan’s claims of blamelessness showed how societal tolerance was still prevalent in society as part of “outdated” forms of “male domination”. He said: “We need to change rape culture to a ethos of permission.”

The prosecutor said to Dogan: “As long as you deny it, it’s not just a woman, it’s an whole sordid societal structure that you are supporting.”

Biographical Details

Dogan was born in Turkey and at the age of 5 relocated to France, where his parent worked as a building manager. The testimony revealed that his father was violent and that the defendant began using drugs aged 10. When he was 17 he was apprehended by authorities for selling narcotics and his father evicted him of home. He was incarcerated in prison for trafficking in his early 20s and had worked as a laborer but had experienced periods of being unhoused.

He was wed and had a son 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 regular intimate relations beyond their marriage. His defence said this was his strategy for managing with his stressful life. The defendant had told a mental health expert that annually he looked for transactional encounters on his birthday. His attorneys stated to the court he had a medical condition caused by the pressure of the original case.