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A man was convicted on retrial of sexually assaulting Gisele Pelicot after she was rendered comatose by her spouse – and received his prison sentence increased to 10 years.

Appeal Trial

Dogan, 44, an out-of-work construction worker, who had contested his initial guilty verdict last year, faced a appeal hearing this week at the Nîmes court of appeal.

A jury of four women and five men, sitting with three judges, convicted Dogan on Thursday of raping Pelicot in her bedroom in Provence in the morning of 29 June 2019.

The evidence showed that the accused, a family man, reached out to Gisèle Pelicot’s spouse, Dominique Pelicot, in an internet forum named “without her consent”, where the husband was seeking men to enter his residence to rape his wife once he had sedated her into a deep sleep.

“We hope the jury will declare that in this society, fundamental rights are also rights of women – that permission is personal, not given by another,” stated Gisèle Pelicot’s lawyer, Antoine Camus. “Consent is received personally and not through someone else from a spouse.”

Case History

Dominique Pelicot, a notorious sex offenders in recent French history, was given a prison term to twenty years in prison last year for incapacitating his wife at the time and inviting dozens of men to sexually assault her in her home in the town of Mazan over a period of nearly ten years of their marriage.

Dozens of additional defendants were found guilty in a high-profile trial last year, and Dogan was the sole individual to contest his sentence. He was first handed a term to nine years in prison, a punishment raised on Thursday to 10 years.

The chief prosecutor, Dominique Sie, had stated he should serve 12 years, because he “stubbornly rejects to take any accountability”.

Courtroom Details

Dogan had initially sent the husband inappropriate pictures and then driven an hour from his residence in the region to assault the victim, after informing his wife he was leaving, the testimony revealed.

Pelicot, who was brought from solitary confinement in prison to briefly provide testimony at the hearing, informed the court that the accused had understood his wife had been “drugged” and he communicated to men by phone: “I seek someone to assault my wife after I’ve rendered her unconscious without her consent.”

The courtroom became a focus point for a wider discussion on societal attitudes in society as Dogan continued to say he was blameless and had not committed rape, contending that because the victim's husband had allowed him into the residence, his actions had been acceptable.

The jury in the Nîmes appeals court was shown recorded footage of Gisèle Pelicot’s unresponsive form, unconscious and breathing heavily in a unconscious condition, while a smiling Dogan engaged in violation on several occasions over a timeframe of what police said was several hours. The presiding judge said she had been at risk of death by asphyxiation. The state prosecution said there was no question that she had been incapacitated and had not agreed.

Defendant's Statements

The defendant stated to the court the footage were simply “intimate moments” and denied it was rape. He said what he did was “a consensual activity”, not rape. He declared the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had allowed him to the house, and therefore it was permissible. He said he was deceived by Dominique Pelicot. “I tried to halt,” Dogan stated to the court. “I carried on because he convinced me.”

Asked if he wanted to make a final statement to the court, the defendant said: “I did not intend to injure that individual.”

Pelicot's Words

The survivor, who was cheered upon exiting the courtroom each day by crowds assembled to back her, said to Dogan in court: “You fail to comprehend. When will you acknowledge you violated me? It’s a crime to assault an unaware 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

Sie, addressing Gisèle Pelicot in court, said Dogan’s unwillingness to take responsibility showed that: “Guilt has not shifted. The public is possibly in the course of that, maybe driven by the public consciousness resulting from the revelation of your ordeal.”

The prosecutor said Dogan’s claims of non-guilt showed how rape culture was still prevalent in society as part of “archaic” forms of “gender-based power”. He said: “It is imperative to change rape culture to a culture of consent.”

Sie told Dogan: “While you deny it, it’s not just a individual, it’s an complete disturbing cultural framework that you are supporting.”

Personal History

Dogan was originated from Turkey and at the age of 5 came to the nation of France, where his father worked as a caretaker. The evidence indicated that his father was aggressive and that Dogan began using drugs aged ten. When he was seventeen he was stopped by authorities for selling narcotics and his parent kicked him out the family house. He served time in prison for drug dealing in his early 20s and had worked as a construction worker but had faced periods of homelessness.

He was wed and had a child with special needs, who he was the main caregiver for, as his spouse worked in a school canteen. The court heard his wife did not know he had frequent intimate relations outside their marriage. His defence said this was his way of coping with his difficult circumstances. Dogan had told a court psychologist that annually he engaged in paid sex on his special day. His legal representatives stated to the court he had a medical condition resulting from the stress of the initial proceedings.