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A man was declared guilty on higher court review of sexually assaulting Gisèle Pelicot following she was rendered comatose by her spouse – and has had his jail term raised to a decade.

Retrial Proceedings

The defendant, forty-four, an unemployed builder, who had appealed his initial guilty verdict last year, faced a appeal hearing this week at the higher court in Nîmes.

A panel of nine jurors, sitting with three judges, ruled against Dogan on Thursday of sexually assaulting Pelicot in her home in the south of France in the morning of 29 June 2019.

The evidence showed that Dogan, a married father, made contact with the victim's husband at the time, Dominique Pelicot, in an online chatroom named “without her consent”, where Pelicot was looking for men to visit his house to assault his wife after he had rendered her unconscious into a deep sleep.

We expect the jury will declare that in this country, fundamental rights are also women’s rights – that agreement is individual, not delegated,” declared Gisèle Pelicot’s lawyer, Antoine Camus. “Consent is received personally and not via a representative from a spouse.”

Context

The husband, a notorious sex offenders in recent French history, was handed a sentence to 20 years in prison last year for incapacitating his spouse and soliciting multiple perpetrators to sexually assault her in her home in the community of the village of Mazan over a span of almost a decade of their marriage.

Numerous other individuals were found culpable in a widely publicized trial last year, and the appellant was the single defendant to appeal against his conviction. He was initially sentenced to nine years in prison, a punishment raised on Thursday to ten years.

The chief prosecutor, the prosecutor, had stated he should serve 12 years, because he “absolutely refuses to take any accountability”.

Evidence Presented

The defendant had first sent Dominique Pelicot sexually explicit photos and then traveled an hour from his village in Provence to assault the victim, after informing his wife he was leaving, the evidence indicated.

Pelicot, who was brought from isolation in prison to briefly provide testimony at the hearing, told the court that Dogan had been aware his wife had been “incapacitated” and he said to men by phone: “I seek someone to violate my wife after I’ve put her to sleep unbeknownst to her.”

The proceedings became a focus point for a broader debate on societal attitudes in society as the defendant continued to say he was blameless and had not engaged in violation, stating that because Gisèle Pelicot’s husband had allowed him into the residence, his actions had been justifiable.

The jury in the higher court was presented with recorded footage of the victim's limp body, unconscious and snoring in a deep sleep, while a smiling Dogan engaged in violation multiple times over a timeframe of what investigators stated was three and a half hours. The presiding judge said she had been at peril of death by suffocation. The state prosecution said there was no question that she had been unconscious and had not agreed.

Accused's Testimony

Dogan informed the court the videos were simply “sex scenes” and disputed it was rape. He said what he did was “a sexual act”, not rape. He told the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had allowed him to the residence, and therefore it was acceptable. He said he was deceived by Dominique Pelicot. “I attempted to cease,” the accused informed the court. “I continued because he convinced me.”

Questioned if he wanted to make a final statement to the court, the defendant said: “I never wanted to hurt that individual.”

Pelicot's Words

The victim, who was cheered upon exiting the courtroom each day by supporters gathered to support her, told Dogan in court: “You fail to comprehend. When will you acknowledge you violated me? It is unlawful to assault an unconscious woman. At what point did I give you consent? Never.”

Gisèle Pelicot, 72, became an symbol of resistance after she waived her right to anonymity in the trial last year when she said: “Guilt ought to transfer.”

State's Argument

The prosecutor, turning to the victim in court, said the defendant's failure to take blame showed that: “Guilt has not shifted. The public is perhaps in the midst of that, perhaps propelled by the societal understanding spurred by the revelation of your ordeal.”

Sie said the defendant's claims of innocence showed how societal tolerance was still widespread in society as part of “outdated” forms of “patriarchal control”. He said: “Now we must change rape culture to a ethos of permission.”

The prosecutor addressed Dogan: “As long as you deny it, it’s not just a woman, it’s an entire sordid societal structure that you are endorsing.”

Personal History

The accused was originated from Turkey and at the age of five relocated to France, where his parent worked as a concierge. The evidence indicated that his father was aggressive and that the defendant began smoking cannabis at the age of ten. When Dogan was 17 he was apprehended by police for dealing drugs and his parent evicted him of home. He was incarcerated in prison for trafficking in his early 20s and had worked as a construction worker but had undergone periods of homelessness.

He was wed and had a son with a genetic condition, who he was the primary guardian for, as his spouse worked in a institution's dining hall. The evidence showed his spouse did not know he had frequent intimate relations outside their marriage. His legal team said this was his method of dealing with his difficult circumstances. The defendant had informed a mental health expert that annually he engaged in transactional encounters on his special day. His lawyers informed the court he had a medical condition caused by the stress of the initial proceedings.