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An individual was declared guilty on appeal of sexually assaulting Gisèle Pelicot after she was rendered comatose by her spouse – and was given his jail term increased to a decade.

Appeal Trial

The defendant, 44, an out-of-work construction worker, who had appealed 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, joined by three judges, convicted Dogan on Thursday of raping Pelicot in her home in southern France in the morning of 29 June 2019.

The court heard that the accused, a married father, connected with the victim's husband at the time, the husband, in an internet forum named “unbeknownst to her”, where the husband was seeking men to visit his house to assault his wife after he had rendered her unconscious into a comatose state.

“We hope the panel will say loud and clear that in this nation, fundamental rights are also women’s rights – that agreement is individual, not delegated,” declared Gisèle Pelicot’s attorney, her legal representative. “Consent is received personally and not via a representative from a spouse.”

Case History

The ex-husband, a notorious sexual predators in France's contemporary records, was handed a sentence to twenty years in prison last year for sedating his then wife and soliciting dozens of men to rape her in her home in the Provence village of the village of Mazan over a period of nearly ten years of their marriage.

Dozens of additional defendants were found culpable in a notable trial last year, and Dogan was the sole individual to contest his sentence. He was originally handed a term to nine years in prison, a penalty enhanced on Thursday to a decade.

The chief prosecutor, Dominique Sie, had contended he should serve twelve years, because he “completely denies to take any responsibility”.

Courtroom Details

Dogan had first sent Dominique Pelicot sexually explicit photos 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.

The ex-husband, who was brought from segregation in prison to temporarily provide testimony at the appeal trial, informed the court that Dogan had been aware his wife had been “sedated” and he communicated to men by phone: “I’m looking for someone to abuse my wife after I’ve sedated her without her consent.”

The proceedings became a key topic for a broader debate on societal attitudes in society as the defendant continued to claim he was not guilty and had not engaged in violation, contending that because Gisèle Pelicot’s husband had welcomed him into the room, his actions had been permissible.

The jury in the higher court was presented with recorded footage of Gisèle Pelicot’s limp body, comatose and snoring in a deep sleep, while a smiling the perpetrator committed rape repeatedly over a duration of what police said was three and a half hours. The court official said she had been at danger of death by choking. The state prosecution said there was no question that she had been incapacitated and had not given permission.

Dogan's Claims

The defendant informed the court the videos were simply “sexual encounters” and denied it was rape. He said what he did was “a sexual act”, not rape. He told the court: “I never raped.” He said the victim's husband had invited him to the residence, and therefore it was OK. He said he was manipulated by Dominique Pelicot. “I wanted to stop,” Dogan stated to the court. “I carried on because he convinced me.”

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

Pelicot's Words

Gisèle Pelicot, who was cheered upon leaving court each day by onlookers present to support her, said to the defendant in court: “You haven’t understood. When are you going to recognise you violated me? It is illegal to assault an incapacitated woman. When did I ever give you consent? Never.”

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

Prosecutor's Remarks

Sie, speaking to Gisèle Pelicot in court, said Dogan’s refusal to take blame showed that: “Guilt has not shifted. Society is maybe in the midst of that, possibly driven by the collective awareness brought by the publication of your ordeal.”

Sie said the defendant's claims of blamelessness showed how rape culture was still widespread in society as part of “outdated” forms of “gender-based power”. He said: “Now we must change rape culture to a ethos of permission.”

The prosecutor said to the defendant: “For as much as you deny it, it’s not just a individual, it’s an whole disturbing societal structure that you are endorsing.”

Personal History

The accused was originated from Turkey and at the age of 5 relocated to France, where his father worked as a building manager. The court heard that his father was violent and that the defendant began consuming marijuana aged 10. When Dogan was seventeen he was stopped by authorities for drug trafficking and his parent kicked him out the family house. He served time in prison for drug dealing in his twenties and had worked as a construction worker but had undergone periods of being unhoused.

He was wed and had a child with Down’s syndrome, who he was the principal carer for, as his wife worked in a educational cafeteria. The testimony revealed his spouse did not know he had frequent extramarital activities beyond their marriage. His defence said this was his method of dealing with his stressful life. The defendant had stated to a court psychologist that once a year he looked for paid sex on his birthday. His lawyers stated to the court he had a medical condition resulting from the anxiety of the original case.