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A man has been found guilty on higher court review of sexually assaulting Gisèle Pelicot following she was rendered comatose by her spouse – and has had his incarceration period raised to a decade.

Appeal Trial

Dogan, forty-four, an out-of-work construction worker, who had contested his first conviction last year, experienced a appeal hearing this week at the Nîmes court of appeal.

A panel of four women and five men, sitting with three judges, convicted Dogan on Thursday of sexually assaulting the victim in her residence in southern France in the morning of June 29, 2019.

The testimony revealed that Dogan, a married father, made contact with Gisèle Pelicot’s spouse, Dominique Pelicot, in an digital platform named “without her consent”, where the husband was recruiting men to enter his residence to assault his wife after he had rendered her unconscious into a deep sleep.

We trust the jury will declare that in this country, fundamental rights are also rights of women – that agreement is personal, not delegated,” stated Gisèle Pelicot’s lawyer, Antoine Camus. “Permission is secured directly and not through someone else from a husband.”

Case History

Dominique Pelicot, one of the worst sex offenders in recent French history, was sentenced to twenty years in prison last year for incapacitating his spouse and bringing in multiple perpetrators to sexually assault her in her home in the town of Mazan over a duration of nearly ten years of their union.

Numerous other individuals were found guilty in a high-profile trial last year, and the appellant was the single defendant to appeal against his verdict. He was initially handed a term to 9 years in prison, a sentence enhanced on Thursday to a decade.

The state's attorney, the prosecutor, had argued he should serve 12 years, because he “completely denies to take any responsibility”.

Evidence Presented

Dogan had first sent Dominique Pelicot inappropriate pictures and then traveled an hour from his town in the region to rape Gisèle Pelicot, after telling his wife he was leaving, the evidence indicated.

The ex-husband, who was transported from solitary confinement in prison to temporarily give evidence at the retrial, stated to the court that Dogan had understood his wife had been “incapacitated” and he communicated to men by phone: “I’m looking for someone to assault my wife after I’ve put her to sleep without her consent.”

The trial became a key topic for a wider discussion on societal attitudes in society as Dogan continued to claim he was blameless and had not committed rape, contending that because Gisèle Pelicot’s husband had allowed him into the room, his actions had been justifiable.

The panel in the higher court was presented with recorded footage of the victim's limp body, sedated and breathing heavily in a unconscious condition, while a smiling Dogan performed assault repeatedly over a duration of what authorities reported was three and a half hours. The presiding judge said she had been at danger of death by asphyxiation. The state's case 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 “sex scenes” and rejected it was violation. He said what he did was “a sexual act”, not assault. He told the court: “I did not commit rape.” He said the victim's husband had allowed him to the house, and therefore it was permissible. He said he was deceived by the husband. “I tried to halt,” Dogan told the court. “I proceeded because he reassured me.”

Inquired if he wanted to make a closing remarks to the court, the defendant said: “I never wanted to injure that individual.”

Pelicot's Words

Gisèle Pelicot, who was applauded upon exiting the courtroom each day by onlookers present to back her, said to the defendant in court: “You do not grasp. When will you admit you raped me? It is illegal to rape an unconscious woman. How could I have give you consent? At no time.”

Gisèle Pelicot, 72, became an international feminist hero after she waived her right to confidentiality in the trial last year when she said: “Shame must change sides.”

Legal Commentary

Sie, speaking to the victim in court, said the defendant's unwillingness to take responsibility showed that: “Guilt has not shifted. The community is maybe in the course of that, possibly driven by the public consciousness resulting from the exposure of your situation.”

Sie said Dogan’s claims of non-guilt showed how normalized violence was still prevalent in society as part of “outdated” forms of “patriarchal control”. He said: “We need to change the culture of violence to a ethos of permission.”

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

Biographical Details

The accused was originated from Turkey and at the age of 5 came to France, where his parent worked as a caretaker. The court heard that his parent was abusive and that the defendant began consuming marijuana at the age of ten. When Dogan was seventeen he was caught by authorities for drug trafficking and his parent forced him to leave the residence. He spent time in prison for drug dealing in his young adulthood and had worked as a builder but had undergone periods of being unhoused.

He was wed and had a child with Down’s syndrome, who he was the primary guardian for, as his wife worked in a educational cafeteria. The evidence showed his wife did not know he had frequent intimate relations beyond their marriage. His legal team said this was his strategy for managing with his difficult circumstances. Dogan had told a mental health expert that annually he sought paid sex on his special day. His legal representatives stated to the court he had a medical condition caused by the anxiety of the initial proceedings.