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A defendant was declared guilty on higher court review of sexually assaulting Gisèle Pelicot following she was rendered comatose by her spouse – and was given his incarceration period increased to 10 years.

Retrial Proceedings

The defendant, forty-four, an unemployed builder, who had appealed his initial guilty verdict last year, faced a retrial this week at the appeals court in Nîmes.

A jury of nine jurors, joined by three judges, convicted Dogan on Thursday of raping the victim in her residence in the south of France in the early hours of June 29, 2019.

The evidence showed that Dogan, a family man, reached out to the victim's spouse, the husband, in an internet forum titled “without her knowledge”, where the husband was looking for men to enter his residence to rape his wife once he had sedated her into a comatose state.

“We hope the jury will declare that in this nation, fundamental rights are also rights of women – that permission is individual, not delegated,” stated Gisèle Pelicot’s lawyer, her legal representative. “Agreement is obtained personally and not through someone else from a spouse.”

Case History

The ex-husband, one of the worst sexual predators in recent French history, was sentenced to twenty years in prison last year for sedating his spouse and soliciting multiple perpetrators to rape her in her home in the community of Mazan over a span of many years of their marriage.

Fifty other men were found guilty in a widely publicized trial last year, and the appellant was the single defendant to challenge his verdict. He was originally handed a term to nine years in prison, a penalty enhanced on Thursday to 10 years.

The lead state prosecutor, Dominique Sie, had argued he should serve twelve years, because he “completely denies to take any accountability”.

Evidence Presented

Dogan had first sent the husband sexually explicit photos and then driven an hour from his village in the region to rape Gisèle Pelicot, after telling his wife he was going out, the evidence indicated.

The ex-husband, who was brought from solitary confinement in prison to temporarily testify at the appeal trial, informed the court that the accused had understood his wife had been “drugged” and he said to men by phone: “I’m looking for someone to violate my wife after I’ve put her to sleep without her knowledge.”

The proceedings became a focus point for a larger conversation on sexual violence norms in society as the defendant continued to assert he was innocent and had not engaged in violation, arguing that because the victim's husband had allowed him into the bedroom, his actions had been acceptable.

The jury in the higher court was presented with visual proof of the victim's unconscious figure, unconscious and snoring in a deep sleep, while a grinning Dogan engaged in violation repeatedly over a period of what police said was 3.5 hours. The court official said she had been at peril of fatal outcome by asphyxiation. The state's case said there was absolute certainty that she had been unaware and had not agreed.

Accused's Testimony

The defendant told the court the recordings were simply “sex scenes” and denied it was violation. He said what he did was “a sexual act”, not rape. He stated the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had allowed him to the house, and therefore it was acceptable. He said he was manipulated by Dominique Pelicot. “I wanted to stop,” the accused informed the court. “I continued because he persuaded me.”

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

Pelicot's Words

The survivor, who was applauded upon leaving court each day by crowds present to back her, told Dogan in court: “You fail to comprehend. When will you acknowledge you raped me? It is illegal to assault an unaware woman. At what point did I give you consent? Never.”

Gisèle Pelicot, 72, became an symbol of resistance after she gave up her right to anonymity in the trial last year when she said: “Shame must change sides.”

State's Argument

The prosecutor, speaking to the victim in court, said Dogan’s unwillingness to take responsibility showed that: “The shame remains. Society is perhaps in the midst of that, perhaps driven by the public consciousness brought by the publication of your situation.”

The prosecutor said Dogan’s claims of blamelessness showed how societal tolerance was still widespread in society as part of “old-fashioned” forms of “gender-based power”. He said: “We need to change the culture of violence to a ethos of permission.”

The prosecutor addressed Dogan: “As long as you refuse to admit it, it’s not just a individual, it’s an complete disturbing cultural framework that you are upholding.”

Biographical Details

The accused was originated from Turkey and at the age of five relocated to the nation of France, where his father worked as a concierge. The court heard that his father was abusive and that Dogan began smoking cannabis at the age of 10. When Dogan was 17 he was caught by authorities for dealing drugs and his parent forced him to leave the residence. He was incarcerated in prison for trafficking in his young adulthood and had worked as a construction worker but had undergone periods of being unhoused.

He was wed and had a son with special needs, who he was the principal carer for, as his spouse worked in a school canteen. The court heard his spouse did not know he had repeated extramarital activities beyond their marriage. His legal team said this was his way of coping with his difficult circumstances. Dogan had told a mental health expert that annually he sought commercial sex on his birthday. His legal representatives informed the court he had joint inflammation caused by the pressure of the first trial.