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An individual was declared guilty on retrial of sexually assaulting Gisèle Pelicot after she was rendered comatose by her husband – and received his incarceration period increased to ten years.

Higher Court Case

Dogan, 44, an out-of-work construction worker, who had challenged his first conviction last year, faced a new trial this week at the Nîmes court of appeal.

A jury of five men and four women, accompanied by three judges, ruled against Dogan on Thursday of sexually assaulting Pelicot in her home in Provence in the early hours of 29 June 2019.

The testimony revealed that Dogan, a married father, reached out to Gisèle Pelicot’s husband at the time, Dominique Pelicot, in an digital platform named “without her knowledge”, where the husband was looking for men to come to his home to assault his wife after he had drugged her into a deep sleep.

We expect the panel will say loud and clear that in this nation, human rights are also women’s rights – that consent is individual, not transferred,” declared Gisèle Pelicot’s attorney, Antoine Camus. “Agreement is received directly and not through someone else from a husband.”

Case History

The husband, one of the worst sex offenders in recent French history, was sentenced to two decades in prison last year for drugging his spouse and inviting multiple perpetrators to sexually assault her in her home in the Provence village of the village of Mazan over a period of many years of their union.

Dozens of additional defendants were found convicted in a high-profile trial last year, and the appellant was the only man to contest his sentence. He was first given a sentence to 9 years in prison, a sentence enhanced on Thursday to a decade.

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

Testimony and Proof

Dogan had first sent Dominique Pelicot inappropriate pictures and then driven an hour from his village in Provence to assault Gisèle Pelicot, after telling his wife he was going out, the testimony revealed.

Pelicot, who was transported from solitary confinement in prison to briefly give evidence at the appeal trial, informed the court that Dogan had understood his wife had been “incapacitated” and he told to men by phone: “I want someone to assault my wife after I’ve put her to sleep unbeknownst to her.”

The courtroom became a focus point for a larger conversation on rape culture in society as the defendant continued to claim he was blameless and had not engaged in violation, arguing that because Gisèle Pelicot’s husband had invited him into the residence, his conduct had been acceptable.

The jury in the higher court was displayed video evidence of Gisèle Pelicot’s unresponsive form, sedated and snoring in a unconscious condition, while a smiling the perpetrator performed assault repeatedly over a period of what police said was three and a half hours. The court official said she had been at danger of fatal outcome by suffocation. The state's case said there was absolute certainty that she had been unconscious and had not consented.

Accused's Testimony

Dogan told the court the recordings were simply “sexual encounters” and denied it was assault. He said what he did was “a consensual activity”, not assault. He told the court: “I never raped.” He said the victim's husband had allowed him to the residence, and therefore it was permissible. He said he was manipulated by the husband. “I tried to halt,” Dogan stated to the court. “I proceeded because he persuaded me.”

Questioned if he wanted to make a last words to the court, Dogan said: “I never wanted to harm that individual.”

Survivor's Statement

Gisèle Pelicot, who was supported upon departing the trial each day by supporters present to back her, said to Dogan in court: “You fail to comprehend. When will you acknowledge you raped me? It is unlawful to assault an incapacitated woman. How could I have give you permission? Not once.”

The victim, 72, became an international feminist hero after she gave up her right to anonymity in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

The prosecutor, turning to the victim in court, said Dogan’s unwillingness to take accountability showed that: “The shame remains. The public is maybe in the process of that, perhaps driven by the collective awareness brought by the exposure of your case.”

The prosecutor said the defendant's claims of innocence showed how societal tolerance was still prevalent in society as part of “outdated” forms of “male domination”. He said: “Now we must change rape culture to a society based on agreement.”

The prosecutor said to the defendant: “For as much as you deny it, it’s not just a woman, it’s an whole unpleasant cultural framework that you are endorsing.”

Defendant's Background

The accused was originated from the country of Turkey and at the age of five came to the nation of France, where his parent worked as a building manager. The testimony revealed that his parent was abusive and that the defendant began using drugs aged ten. When he was seventeen he was caught by authorities for selling narcotics and his father evicted him of home. He spent time in prison for drug dealing in his early 20s and had worked as a builder but had undergone periods of homelessness.

He was wed and had a child with a genetic condition, who he was the primary guardian for, as his spouse worked in a school canteen. The court heard his spouse did not know he had frequent extramarital activities beyond their union. His defence said this was his method of dealing with his challenging existence. The defendant had told a evaluator that each year he sought paid sex on his special day. His lawyers informed the court he had arthritis triggered by the stress of the first trial.