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A defendant was convicted on appeal of sexually assaulting Gisèle Pelicot following she was rendered comatose by her spouse – and received his prison sentence extended to ten years.

Higher Court Case

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

A jury of nine jurors, sitting with three judges, found Dogan guilty on Thursday of sexually assaulting the victim in her home in Provence in the early hours of 29 June 2019.

The court heard that the accused, a married father, reached out to Gisèle Pelicot’s then husband, the husband, in an digital platform named “unbeknownst to her”, where Pelicot was looking for men to enter his residence to rape his wife once he had drugged her into a deep sleep.

“We hope the jury will say loud and clear that in this society, fundamental rights are also rights of women – that permission is individual, not delegated,” declared the victim's lawyer, her legal representative. “Agreement is received personally and not via a representative from a husband.”

Context

Dominique Pelicot, a notorious sex offenders in France's contemporary records, was sentenced to twenty years in prison last year for sedating his spouse and bringing in numerous individuals to sexually assault her in her home in the town of Mazan over a duration of nearly ten years of their union.

Dozens of additional defendants were found convicted in a notable trial last year, and Dogan was the only man to appeal against his sentence. He was first handed a term to nine years in prison, a punishment enhanced on Thursday to ten years.

The state's attorney, the prosecutor, had contended he should serve 12 years, because he “completely denies to take any blame”.

Evidence Presented

The defendant had first sent Dominique Pelicot inappropriate pictures and then driven an hour from his village in Provence to rape Gisèle Pelicot, after informing his wife he was stepping out, the testimony revealed.

Pelicot, who was brought from segregation in prison to temporarily give evidence at the retrial, stated to the court that the accused had known his wife had been “drugged” and he told to men by phone: “I want someone to assault my wife after I’ve sedated her without her knowledge.”

The courtroom became a central issue for a wider discussion on sexual violence norms in society as Dogan continued to claim he was not guilty and had not engaged in violation, stating that because the victim's husband had welcomed him into the bedroom, his actions had been permissible.

The jury in the Nîmes appeals court was displayed video evidence of Gisèle Pelicot’s unconscious figure, comatose and breathing heavily in a unconscious condition, while a smiling Dogan committed rape on several occasions over a period of what investigators stated was 3.5 hours. The judge said she had been at danger of death by suffocation. The state prosecution said there was absolute certainty that she had been unaware and had not given permission.

Dogan's Claims

The defendant stated to the court the recordings were simply “sexual encounters” and disputed it was assault. He said what he did was “a sexual act”, not rape. He declared the court: “I am innocent of assault.” He said the victim's husband had invited him to the home, and therefore it was acceptable. He said he was deceived by the husband. “I attempted to cease,” Dogan informed the court. “I carried on because he persuaded me.”

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

Survivor's Statement

The victim, who was cheered upon leaving court each day by onlookers present to stand with her, told the defendant in court: “You haven’t understood. When are you going to recognise you violated me? It is unlawful to rape an unaware woman. When did I ever give you permission? Not once.”

The victim, 72, became an symbol of resistance after she gave up her right to confidentiality in the trial last year when she said: “Shame must change sides.”

State's Argument

The prosecutor, addressing the victim in court, said the defendant's refusal to take accountability showed that: “Shame has not yet changed sides. The community is perhaps in the process of that, maybe motivated by the public consciousness resulting from the publication of your case.”

The prosecutor said the defendant's claims of blamelessness showed how rape culture was still widespread in society as part of “old-fashioned” forms of “gender-based power”. He said: “We need to change the culture of violence 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 disturbing societal structure that you are supporting.”

Defendant's Background

The accused was born in the country of Turkey and at the age of 5 came to the nation of France, where his parent worked as a concierge. The testimony revealed that his parent was violent and that the defendant began using drugs at the age of ten. When Dogan was seventeen he was caught by police for dealing drugs and his father kicked him out the family house. He served time in prison for drug dealing in his early 20s and had worked as a laborer but had experienced periods of homelessness.

He was wed and had a child with special needs, who he was the main caregiver for, as his wife worked in a school canteen. The testimony revealed his wife did not know he had regular intimate relations beyond their union. His legal team said this was his method of dealing with his difficult circumstances. The defendant had informed a mental health expert that once a year he looked for paid sex on his birthday. His lawyers told the court he had joint inflammation caused by the pressure of the initial proceedings.