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A man was declared guilty on higher court review of sexually assaulting Gisele Pelicot following she was rendered comatose by her then-husband – and has had his prison sentence raised to 10 years.

Appeal Trial

The defendant, forty-four, an out-of-work construction worker, who had appealed his first conviction last year, underwent a appeal hearing this week at the appeals court in Nîmes.

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

The evidence showed that the accused, a family man, made contact with the victim's spouse, Dominique Pelicot, in an digital platform named “without her knowledge”, where the husband was recruiting men to visit his house to rape his wife once he had rendered her unconscious into a unconscious state.

“We hope the court will affirm that in this country, fundamental rights are also women’s rights – that permission is individual, not delegated,” declared the victim's attorney, her legal representative. “Permission is obtained directly and not via a representative from a spouse.”

Case History

The husband, a notorious sex offenders in recent French history, was handed a sentence to twenty years in prison last year for sedating his wife at the time and inviting multiple perpetrators to rape her in her home in the Provence village of Mazan over a period of nearly ten years of their marriage.

Numerous other individuals were found culpable in a high-profile trial last year, and the appellant was the only man to contest his verdict. He was first given a sentence to nine years in prison, a punishment enhanced on Thursday to ten years.

The chief prosecutor, the prosecutor, had stated he should serve 12 years, because he “completely denies to take any accountability”.

Courtroom Details

Dogan had initially sent Dominique Pelicot graphic images and then traveled an hour from his village in the region to rape Gisèle Pelicot, after telling his wife he was stepping out, the court heard.

The ex-husband, who was brought from solitary confinement in prison to briefly testify at the hearing, stated to the court that the accused had been aware his wife had been “incapacitated” and he said to men by phone: “I want someone to violate my wife after I’ve sedated her without her consent.”

The proceedings became a central issue for a wider discussion on sexual violence norms in society as the defendant continued to say he was not guilty and had not perpetrated assault, stating that because Gisèle Pelicot’s husband had welcomed him into the residence, his actions had been permissible.

The jury in the higher court was shown visual proof of the victim's unconscious figure, unconscious and snoring in a unconscious condition, while a smiling the perpetrator engaged in violation on several occasions over a period of what investigators stated was three and a half hours. The presiding judge said she had been at risk of death by asphyxiation. The state prosecution said there was no doubt that she had been unaware and had not given permission.

Dogan's Claims

The defendant informed the court the videos were simply “intimate moments” and rejected it was assault. He said what he did was “a sexual act”, not assault. He declared the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had brought him to the home, and therefore it was permissible. He said he was influenced by the husband. “I wanted to stop,” Dogan stated to the court. “I continued because he convinced me.”

Asked if he wanted to make a closing remarks to the court, Dogan said: “I did not intend to injure that individual.”

Survivor's Statement

The survivor, who was cheered upon leaving court each day by onlookers gathered to back her, addressed Dogan in court: “You do not grasp. When are you going to recognise you violated me? It’s a crime to rape an incapacitated woman. At what point did I give you consent? Never.”

Gisèle Pelicot, seventy-two, became an global icon after she gave up her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

Sie, speaking to Gisèle Pelicot in court, said the defendant's refusal to take accountability showed that: “Guilt has not shifted. Society is maybe in the midst of that, perhaps motivated by the societal understanding brought by the exposure of your situation.”

The prosecutor said the defendant's claims of innocence showed how societal tolerance was still common in society as part of “archaic” forms of “male domination”. He said: “We need to change rape culture to a society based on agreement.”

Sie said to Dogan: “For as much as you reject it, it’s not just a person, it’s an entire disturbing societal structure that you are upholding.”

Defendant's Background

The accused was originated from the country of Turkey and at the age of 5 moved to France, where his parent worked as a concierge. The testimony revealed that his parent was aggressive and that Dogan began using drugs at the age of ten. When he was seventeen he was apprehended by authorities for selling narcotics and his parent evicted him the residence. He served time in prison for drug dealing in his young adulthood and had worked as a builder but had undergone periods of homelessness.

He was married and had a child with special needs, who he was the primary guardian for, as his wife worked in a institution's dining hall. The court heard his spouse did not know he had frequent sexual encounters beyond their marriage. His legal team said this was his way of coping with his challenging existence. Dogan had told a evaluator that once a year he engaged in paid sex on his birthday. His attorneys informed the court he had joint inflammation caused by the pressure of the original case.