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An individual was convicted on retrial of sexually assaulting Gisele Pelicot after she was rendered comatose by her spouse – and was given his jail term raised to ten years.

Retrial Proceedings

Dogan, 44, an unemployed builder, who had challenged his first conviction last year, experienced a retrial this week at the higher court in Nîmes.

A panel of five men and four women, sitting with three judges, convicted Dogan on Thursday of sexually assaulting the victim in her residence in Provence in the early hours of 29 June 2019.

The evidence showed that the accused, a married father, connected with the victim's husband at the time, the husband, in an internet forum named “without her consent”, where the husband was recruiting men to enter his residence to rape his wife after he had drugged her into a unconscious state.

We expect the court will affirm that in this society, human rights are also rights of women – that permission is individual, not delegated,” stated the victim's attorney, Antoine Camus. “Permission is received directly and not by proxy from a husband.”

Context

The husband, one of the worst sex offenders in recent French history, was sentenced to twenty years in prison last year for drugging his then wife and bringing in dozens of men to sexually assault her in her home in the Provence village of the village of Mazan over a period of nearly ten years of their union.

Fifty other men were found culpable in a high-profile trial last year, and Dogan was the sole individual to challenge his conviction. He was originally given a sentence to 9 years in prison, a punishment raised on Thursday to ten years.

The state's attorney, Dominique Sie, had contended he should serve twelve years, because he “absolutely refuses to take any responsibility”.

Testimony and Proof

The defendant had initially sent the husband sexually explicit photos and then driven an hour from his residence in the region to assault Gisèle Pelicot, after informing his wife he was leaving, the testimony revealed.

Pelicot, who was transported from segregation in prison to temporarily give evidence at the hearing, informed the court that the accused had understood his wife had been “incapacitated” and he told to men by phone: “I’m looking for someone to abuse my wife after I’ve rendered her unconscious unbeknownst to her.”

The proceedings became a central issue for a larger conversation on sexual violence norms in society as Dogan continued to say he was innocent and had not perpetrated assault, contending that because Gisèle Pelicot’s husband had invited him into the bedroom, his behavior had been justifiable.

The panel in the higher court was displayed recorded footage of the victim's unconscious figure, comatose and breathing heavily in a deep sleep, while a grinning Dogan engaged in violation on several occasions over a period of what investigators stated was several hours. The presiding judge said she had been at danger of fatal outcome by choking. The state prosecution said there was absolute certainty that she had been unconscious and had not agreed.

Dogan's Claims

Dogan told the court the videos were simply “sexual encounters” and rejected it was violation. He said what he did was “a sexual act”, not assault. He told the court: “I never raped.” He said the victim's husband had allowed him to the house, and therefore it was acceptable. He said he was manipulated by Dominique Pelicot. “I wanted to stop,” the accused informed the court. “I carried on because he persuaded me.”

Questioned if he wanted to make a last words to the court, Dogan said: “I had no desire to hurt that individual.”

Pelicot's Words

The victim, who was applauded upon exiting the courtroom each day by supporters present to back her, told Dogan in court: “You do not grasp. When are you going to recognise you assaulted me? It is unlawful to rape an incapacitated woman. When did I ever give you permission? Never.”

The victim, 72, became an symbol of resistance after she waived her right to anonymity in the trial last year when she said: “The shame should shift.”

Legal Commentary

The prosecutor, speaking to Gisèle Pelicot in court, said Dogan’s unwillingness to take blame showed that: “The shame remains. The public is maybe in the process of that, possibly motivated by the collective awareness brought by the exposure of your situation.”

The prosecutor said Dogan’s claims of blamelessness showed how normalized violence was still prevalent in society as part of “old-fashioned” forms of “male domination”. He said: “We need to change the culture of violence to a society based on agreement.”

The prosecutor told Dogan: “For as much as you reject it, it’s not just a woman, it’s an whole unpleasant societal structure that you are supporting.”

Biographical Details

The accused was born in the country of Turkey and at the age of five came to France, where his father worked as a building manager. The testimony revealed that his parent was aggressive and that Dogan began using drugs at the age of 10. When Dogan was 17 he was apprehended by police for drug trafficking and his father evicted him of home. He served time in prison for narcotics offenses in his twenties and had worked as a laborer but had faced periods of being unhoused.

He was married and had a son with special needs, who he was the primary guardian for, as his spouse worked in a institution's dining hall. The evidence showed his wife did not know he had repeated sexual encounters beyond their union. His defence said this was his way of coping with his difficult circumstances. The defendant had informed a evaluator that annually he engaged in paid sex on his special day. His lawyers informed the court he had a medical condition triggered by the anxiety of the initial proceedings.