🔗 Share this article

A man was declared guilty on higher court review of sexually assaulting Gisele Pelicot following she was rendered comatose by her then-husband – and received his incarceration period increased to ten years.

Higher Court Case

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

A panel of five men and four women, joined by three judges, found Dogan guilty on Thursday of sexually assaulting the victim in her bedroom in the south of France in the morning of 29 June 2019.

The evidence showed that Dogan, a married father, connected with the victim's spouse, the husband, in an online chatroom titled “unbeknownst to her”, where Pelicot was looking for men to enter his residence to assault his wife after he had rendered her unconscious into a deep sleep.

We trust the court will affirm that in this country, human rights are also rights of women – that agreement is individual, not given by another,” said Gisèle Pelicot’s attorney, Antoine Camus. “Agreement is secured directly and not through someone else from a husband.”

Context

Dominique Pelicot, among the most severe sex offenders in recent French history, was given a prison term to twenty years in prison last year for sedating his spouse and soliciting numerous individuals to sexually assault her in her home in the community of the village of Mazan over a span of nearly ten years of their union.

Dozens of additional defendants were found guilty in a notable trial last year, and Dogan was the only man to appeal against his verdict. He was first sentenced to 9 years in prison, a punishment raised on Thursday to ten years.

The state's attorney, the prosecutor, had contended he should serve twelve years, because he “completely denies to take any blame”.

Testimony and Proof

Dogan had first sent the husband graphic images and then traveled an hour from his village in the region to rape Gisèle Pelicot, after informing his wife he was stepping out, the evidence indicated.

Pelicot, who was brought from solitary confinement in prison to temporarily give evidence at the retrial, informed the court that Dogan had been aware his wife had been “drugged” and he said to men by phone: “I want someone to abuse my wife after I’ve rendered her unconscious unbeknownst to her.”

The proceedings became a central issue 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 allowed him into the bedroom, his conduct had been permissible.

The jury in the Nîmes appeals court was presented with visual proof of the victim's unconscious figure, comatose and snoring in a comatose state, while a grinning Dogan performed assault on several occasions over a timeframe of what investigators stated was three and a half hours. The judge said she had been at risk of death by choking. The state's case said there was no question that she had been incapacitated and had not given permission.

Accused's Testimony

Dogan informed the court the footage were simply “sex scenes” and disputed it was assault. He said what he did was “an intimate behavior”, not rape. He told the court: “I did not commit rape.” He said the victim's husband had allowed him to the home, and therefore it was acceptable. He said he was manipulated by Dominique Pelicot. “I attempted to cease,” the accused told the court. “I proceeded because he persuaded me.”

Asked if he wanted to make a final statement to the court, Dogan said: “I had no desire to hurt that woman.”

Victim's Response

Gisèle Pelicot, who was cheered upon departing the trial each day by crowds assembled to stand with her, said to the defendant in court: “You haven’t understood. When will you admit you assaulted me? It is illegal to assault an unconscious woman. When did I ever give you consent? Never.”

The victim, seventy-two, became an global icon after she relinquished her right to confidentiality in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

Sie, turning to Gisèle Pelicot in court, said the defendant's unwillingness to take blame showed that: “Shame has not yet changed sides. The community is possibly in the midst of that, perhaps propelled by the public consciousness spurred by the revelation of your situation.”

The prosecutor said Dogan’s claims of blamelessness showed how societal tolerance was still widespread in society as part of “archaic” forms of “gender-based power”. He said: “It is imperative to change rape culture to a culture of consent.”

The prosecutor addressed the defendant: “While you reject it, it’s not just a individual, it’s an complete sordid societal structure that you are upholding.”

Biographical Details

Dogan was originated from the country of Turkey and at the age of 5 came to the nation of France, where his father worked as a concierge. The testimony revealed that his father was aggressive and that the defendant began consuming marijuana at the age of ten. When he was 17 he was stopped by authorities for dealing drugs and his father kicked him out the residence. He spent time in prison for narcotics offenses in his twenties and had worked as a builder but had undergone periods of homelessness.

He was married and had a child with a genetic condition, who he was the primary guardian for, as his spouse worked in a educational cafeteria. The testimony revealed his wife did not know he had regular extramarital activities beyond their union. His legal team said this was his method of dealing with his challenging existence. Dogan had informed a court psychologist that once a year he engaged in commercial sex on his special day. His legal representatives stated to the court he had joint inflammation resulting from the pressure of the original case.