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

Retrial Proceedings

Dogan, 44, an out-of-work construction worker, who had appealed his first conviction last year, experienced a appeal hearing this week at the Nîmes court of appeal.

A jury of nine jurors, accompanied by three judges, convicted Dogan on Thursday of raping Pelicot in her bedroom in the south of France in the morning of June 29, 2019.

The evidence showed that the accused, a family man, made contact with Gisèle Pelicot’s then husband, the husband, in an online chatroom titled “without her consent”, where Pelicot was recruiting men to visit his house to assault his wife once he had drugged her into a unconscious state.

“We hope the jury will affirm that in this nation, fundamental rights are also women’s rights – that consent is personal, not transferred,” declared the victim's lawyer, Antoine Camus. “Agreement is secured directly and not by proxy from a spouse.”

Case History

The husband, one of the worst sexual predators in modern French history, was sentenced to twenty years in prison last year for drugging his wife at the time and bringing in dozens of men to rape her in her home in the Provence village of Mazan over a duration of many years of their marriage.

Fifty other men were found convicted in a high-profile trial last year, and the appellant was the single defendant to contest his verdict. He was originally sentenced to 9 years in prison, a sentence enhanced on Thursday to ten years.

The lead state prosecutor, the prosecutor, had contended he should serve twelve years, because he “stubbornly rejects to take any accountability”.

Evidence Presented

Dogan had first sent Dominique Pelicot sexually explicit photos and then traveled an hour from his town in the region to rape Gisèle Pelicot, after informing his wife he was leaving, the evidence indicated.

The ex-husband, who was transported from isolation in prison to briefly provide testimony at the appeal trial, stated to the court that Dogan had been aware his wife had been “sedated” and he told to men by phone: “I seek someone to assault my wife after I’ve sedated her without her knowledge.”

The proceedings became a focus point for a broader debate on rape culture in society as the defendant continued to say he was innocent and had not perpetrated assault, stating that because the victim's husband had allowed him into the bedroom, his conduct had been acceptable.

The jury in the higher court was presented with video evidence of Gisèle Pelicot’s unconscious figure, unconscious and snoring in a comatose state, while a grinning the perpetrator committed rape repeatedly over a timeframe of what police said was three and a half hours. The judge said she had been at danger of fatal outcome by choking. The state prosecution said there was no question that she had been incapacitated and had not agreed.

Dogan's Claims

Dogan informed the court the videos were simply “intimate moments” and denied it was violation. He said what he did was “a consensual activity”, not assault. He declared the court: “I never raped.” He said the victim's husband had brought him to the home, and therefore it was OK. He said he was manipulated by the husband. “I attempted to cease,” the accused stated to the court. “I carried on because he reassured me.”

Inquired if he wanted to make a final statement to the court, Dogan said: “I never wanted to harm that woman.”

Victim's Response

The victim, who was applauded upon exiting the courtroom each day by supporters present to back her, addressed Dogan in court: “You haven’t understood. When will you admit you raped me? It is unlawful to rape an incapacitated woman. How could I have give you consent? At no time.”

Gisèle Pelicot, 72, became an global icon after she waived her right to anonymity in the trial last year when she said: “Shame must change sides.”

Legal Commentary

The prosecutor, speaking to Gisèle Pelicot in court, said the defendant's refusal to take blame showed that: “The shame remains. The public is possibly in the midst of that, maybe driven by the public consciousness brought by the revelation of your case.”

Sie 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 rape culture to a ethos of permission.”

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

Personal History

Dogan was born in the country of Turkey and at the age of 5 relocated to the nation of France, where his father worked as a building manager. The court heard that his parent was violent and that the defendant began smoking cannabis aged 10. When Dogan was 17 he was stopped by authorities for drug trafficking and his father forced him to leave the residence. He spent time in prison for narcotics offenses in his young adulthood and had worked as a laborer but had undergone periods of being unhoused.

He was married and had a son with special needs, who he was the principal carer for, as his spouse worked in a school canteen. The court heard his spouse did not know he had repeated intimate relations beyond their union. His legal team said this was his method of dealing with his stressful life. The defendant had stated to a mental health expert that once a year he sought commercial sex on his special day. His attorneys stated to the court he had joint inflammation resulting from the stress of the original case.