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An individual was declared guilty on higher court review of sexually assaulting Gisele Pelicot after she was rendered comatose by her then-husband – and has had his incarceration period raised to a decade.

Retrial Proceedings

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

A jury of five men and four women, accompanied by three judges, convicted Dogan on Thursday of raping the victim in her home in Provence in the morning of 29 June 2019.

The testimony revealed that the accused, a married father, reached out to Gisèle Pelicot’s then husband, Dominique Pelicot, in an internet forum titled “without her knowledge”, where the husband was seeking men to enter his residence to rape his wife once he had sedated her into a unconscious state.

We expect the jury will say loud and clear that in this nation, fundamental rights are also women’s rights – that permission is individual, not transferred,” declared Gisèle Pelicot’s attorney, Antoine Camus. “Consent is obtained personally and not via a representative from a spouse.”

Case History

The ex-husband, one of the worst sexual predators in modern French history, was handed a sentence to 20 years in prison last year for incapacitating his then wife and inviting numerous individuals to sexually assault her in her home in the community of Mazan over a duration of many years of their marriage.

Dozens of additional defendants were found culpable in a high-profile trial last year, and Dogan was the only man to contest his verdict. He was first given a sentence to nine years in prison, a penalty increased on Thursday to a decade.

The chief prosecutor, Dominique Sie, had stated he should serve twelve years, because he “absolutely refuses to take any accountability”.

Evidence Presented

The defendant had initially sent Dominique Pelicot sexually explicit photos and then driven an hour from his residence in the region to rape the victim, after telling his wife he was stepping out, the court heard.

Pelicot, who was transported from solitary confinement in prison to temporarily provide testimony at the retrial, stated to the court that Dogan had known his wife had been “drugged” and he said to men by phone: “I want someone to abuse my wife after I’ve rendered her unconscious without her consent.”

The proceedings became a focus point for a larger conversation on rape culture in society as Dogan continued to assert he was blameless and had not perpetrated assault, contending that because Gisèle Pelicot’s husband had invited him into the residence, his conduct had been justifiable.

The jury in the Nîmes appeals court was displayed recorded footage of Gisèle Pelicot’s unresponsive form, sedated and breathing heavily in a deep sleep, while a smiling the perpetrator engaged in violation multiple times over a period of what authorities reported was three and a half hours. The presiding judge said she had been at peril of death by suffocation. The state prosecution said there was absolute certainty that she had been unconscious and had not consented.

Defendant's Statements

The defendant stated to the court the recordings were simply “intimate moments” and disputed it was violation. He said what he did was “a consensual activity”, not assault. He told the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had allowed him to the home, and therefore it was permissible. He said he was deceived by the husband. “I wanted to stop,” Dogan told the court. “I continued because he convinced me.”

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

Pelicot's Words

The survivor, who was supported upon exiting the courtroom each day by supporters gathered to stand with her, addressed the defendant in court: “You do not grasp. When will you admit you raped me? It is unlawful to rape an unconscious woman. When did I ever give you consent? Never.”

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

Legal Commentary

The prosecutor, speaking to the victim in court, said Dogan’s refusal to take blame showed that: “Guilt has not shifted. Society is perhaps in the course of that, perhaps motivated by the societal understanding resulting from the publication of your situation.”

The prosecutor said Dogan’s claims of non-guilt showed how societal tolerance was still common in society as part of “outdated” forms of “patriarchal control”. He said: “We need to change the culture of violence to a society based on agreement.”

The prosecutor said to Dogan: “For as much as you deny it, it’s not just a woman, it’s an complete disturbing cultural framework that you are supporting.”

Personal History

The accused was born in Turkey and at the age of 5 came to the nation of France, where his parent worked as a caretaker. The court heard that his parent was aggressive and that the defendant began using drugs aged ten. When Dogan was 17 he was stopped by police for selling narcotics and his father evicted him the family house. He served time in prison for trafficking in his early 20s and had worked as a construction worker but had undergone periods of being unhoused.

He was wed and had a son with special needs, who he was the principal carer for, as his spouse worked in a educational cafeteria. The testimony revealed his spouse did not know he had frequent extramarital activities beyond their union. His legal team said this was his method of dealing with his stressful life. Dogan had told a mental health expert that each year he sought commercial sex on his special day. His lawyers told the court he had arthritis caused by the pressure of the initial proceedings.