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An individual was declared guilty on retrial of sexually assaulting Gisele Pelicot after she was rendered comatose by her husband – and was given his incarceration period raised to 10 years.

Appeal Trial

The defendant, forty-four, an out-of-work construction worker, who had challenged his first conviction last year, experienced a new trial this week at the higher court in Nîmes.

A panel of five men and four women, accompanied by three judges, convicted Dogan on Thursday of sexually assaulting Pelicot in her home in the south of France in the morning of 29 June 2019.

The testimony revealed that the accused, a family man, made contact with Gisèle Pelicot’s then husband, Dominique Pelicot, in an internet forum called “without her consent”, where the husband was recruiting men to enter his residence to rape his wife after he had rendered her unconscious into a deep sleep.

“We hope the panel will declare that in this society, human rights are also women’s rights – that permission is individual, not given by another,” declared Gisèle Pelicot’s lawyer, her legal representative. “Permission is secured directly and not by proxy from a husband.”

Case History

Dominique Pelicot, a notorious sexual predators in recent French history, was handed a sentence to 20 years in prison last year for sedating his then wife and soliciting multiple perpetrators to rape her in her home in the town of the village of Mazan over a duration of nearly ten years of their marriage.

Dozens of additional defendants were found guilty in a widely publicized trial last year, and Dogan was the only man to contest his sentence. He was initially sentenced to nine years in prison, a penalty enhanced on Thursday to 10 years.

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

Evidence Presented

Dogan had initially sent the husband graphic images and then traveled an hour from his village in Provence to rape the victim, after informing his wife he was leaving, the evidence indicated.

The ex-husband, who was brought from isolation in prison to temporarily testify at the retrial, informed the court that the accused had been aware his wife had been “drugged” and he said to men by phone: “I want someone to assault my wife after I’ve put her to sleep without her knowledge.”

The proceedings became a central issue for a broader debate on sexual violence norms in society as Dogan continued to assert he was blameless and had not committed rape, stating that because the victim's husband had allowed him into the bedroom, his behavior had been justifiable.

The jury in the Nîmes appeals court was shown visual proof of the victim's unresponsive form, comatose and breathing heavily in a comatose state, while a smiling Dogan performed assault multiple times over a timeframe of what investigators stated was 3.5 hours. The court official said she had been at risk of fatal outcome by asphyxiation. The state prosecution said there was no doubt that she had been incapacitated and had not agreed.

Defendant's Statements

Dogan told the court the footage were simply “sexual encounters” and rejected it was rape. He said what he did was “a sexual act”, not assault. He declared the court: “I am innocent of assault.” He said the victim's husband had brought him to the house, and therefore it was acceptable. He said he was influenced by Dominique Pelicot. “I attempted to cease,” the accused stated to the court. “I carried on because he convinced me.”

Questioned if he wanted to make a closing remarks to the court, the defendant said: “I did not intend to hurt that woman.”

Survivor's Statement

The survivor, who was applauded upon leaving court each day by onlookers gathered to back her, told Dogan in court: “You fail to comprehend. When are you going to recognise you violated me? It’s a crime to rape an unaware woman. How could I have give you consent? Never.”

Gisèle Pelicot, seventy-two, became an symbol of resistance after she relinquished her right to confidentiality in the trial last year when she said: “The shame should shift.”

Legal Commentary

The prosecutor, addressing Gisèle Pelicot in court, said Dogan’s refusal to take responsibility showed that: “Shame has not yet changed sides. The public is perhaps in the course of that, possibly driven by the societal understanding resulting from the revelation of your case.”

Sie said the defendant's claims of innocence showed how rape culture was still common in society as part of “outdated” forms of “male domination”. He said: “We need to change the culture of violence to a culture of consent.”

The prosecutor addressed the defendant: “While you refuse to admit it, it’s not just a woman, it’s an whole sordid societal structure that you are supporting.”

Defendant's Background

The accused was originated from Turkey and at the age of 5 moved to the nation of France, where his parent worked as a concierge. The evidence indicated that his parent was violent and that the defendant began using drugs aged 10. When he was 17 he was apprehended by police for drug trafficking and his father kicked him out the family house. He spent time in prison for drug dealing in his young adulthood and had worked as a construction worker but had experienced periods of being unhoused.

He was married and had a son with a genetic condition, who he was the main caregiver for, as his wife worked in a educational cafeteria. The evidence showed his wife did not know he had regular intimate relations beyond their union. His defence said this was his way of coping with his stressful life. Dogan had stated to a evaluator that annually he engaged in paid sex on his special day. His attorneys stated to the court he had a medical condition resulting from the stress of the first trial.