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A man was declared guilty on higher court review of sexually assaulting Gisèle Pelicot following she was rendered comatose by her then-husband – and has had his incarceration period increased to a decade.

Retrial Proceedings

Dogan, forty-four, 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 panel of five men and four women, sitting with three judges, convicted Dogan on Thursday of raping Pelicot in her home in southern France in the morning of June 29, 2019.

The testimony revealed that Dogan, a family man, connected with Gisèle Pelicot’s husband at the time, the husband, in an online chatroom called “unbeknownst to her”, where the husband was recruiting men to come to his home to rape his wife once he had rendered her unconscious into a comatose state.

We expect the panel will affirm that in this society, fundamental rights are also women’s rights – that agreement is individual, not delegated,” declared Gisèle Pelicot’s attorney, Antoine Camus. “Permission is received directly and not by proxy 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 sedating his wife at the time and soliciting dozens of men to rape her in her home in the community of Mazan over a duration of nearly ten years of their marriage.

Dozens of additional defendants were found culpable in a widely publicized trial last year, and the appellant was the single defendant to challenge his conviction. He was initially given a sentence to 9 years in prison, a sentence enhanced on Thursday to 10 years.

The lead state prosecutor, the prosecutor, had argued he should serve twelve years, because he “absolutely refuses to take any accountability”.

Testimony and Proof

Dogan had first sent Dominique Pelicot inappropriate pictures and then traveled an hour from his village in Provence to assault the victim, after telling his wife he was going out, the evidence indicated.

Pelicot, who was transported from solitary confinement in prison to temporarily give evidence at the hearing, stated to the court that the accused had known his wife had been “sedated” and he communicated to men by phone: “I’m looking for someone to assault my wife after I’ve sedated her without her knowledge.”

The courtroom became a key topic for a broader debate on sexual violence norms in society as the defendant continued to claim he was blameless and had not committed rape, contending that because Gisèle Pelicot’s husband had allowed him into the bedroom, his conduct had been justifiable.

The jury in the higher court was presented with video evidence of Gisèle Pelicot’s unconscious figure, unconscious and snoring in a deep sleep, while a grinning Dogan performed assault on several occasions over a period of what police said was 3.5 hours. The presiding judge said she had been at risk of fatal outcome by asphyxiation. The state prosecution said there was no question that she had been incapacitated and had not given permission.

Defendant's Statements

Dogan informed the court the videos were simply “intimate moments” and denied it was assault. He said what he did was “an intimate behavior”, not assault. He declared the court: “I never raped.” He said the victim's husband had allowed him to the residence, and therefore it was OK. He said he was manipulated by Dominique Pelicot. “I wanted to stop,” the accused told the court. “I carried on because he convinced me.”

Asked if he wanted to make a last words to the court, the defendant said: “I never wanted to injure that individual.”

Pelicot's Words

The survivor, who was supported upon leaving court each day by supporters assembled to support her, said to Dogan in court: “You haven’t understood. When will you acknowledge you violated me? It is illegal to rape an unconscious woman. How could I have give you agreement? Not once.”

Gisèle Pelicot, 72, became an international feminist hero after she waived her right to confidentiality in the trial last year when she said: “The shame should shift.”

Legal Commentary

The prosecutor, speaking to Gisèle Pelicot in court, said the defendant's refusal to take blame showed that: “Shame has not yet changed sides. The public is maybe in the process of that, maybe motivated by the collective awareness spurred by the exposure of your situation.”

Sie said the defendant's claims of innocence showed how societal tolerance was still common in society as part of “outdated” forms of “gender-based power”. He said: “We need to change rape culture to a culture of consent.”

Sie said to Dogan: “While you refuse to admit it, it’s not just a individual, it’s an whole disturbing cultural framework that you are upholding.”

Personal History

The accused was originated from the country of Turkey and at the age of 5 relocated to France, where his parent worked as a concierge. The court heard that his father was abusive and that the defendant began smoking cannabis aged ten. When Dogan was seventeen he was stopped by police for dealing drugs and his father kicked him out the residence. He spent time in prison for narcotics offenses in his early 20s and had worked as a construction worker but had undergone periods of homelessness.

He was married and had a child with a genetic condition, who he was the primary guardian for, as his wife worked in a educational cafeteria. The testimony revealed his wife did not know he had repeated intimate relations beyond their marriage. His legal team said this was his strategy for managing with his challenging existence. Dogan had informed a mental health expert that each year he looked for paid sex on his birthday. His attorneys told the court he had a medical condition caused by the stress of the first trial.