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A man was declared guilty on appeal of raping Gisele Pelicot following she was rendered comatose by her husband – and has had his jail term raised to a decade.

Higher Court Case

The defendant, 44, an out-of-work construction worker, who had challenged his first conviction last year, experienced a retrial this week at the Nîmes court of appeal.

A jury of nine jurors, joined by three judges, found Dogan guilty on Thursday of sexually assaulting Pelicot in her bedroom in Provence in the morning of 29 June 2019.

The court heard that Dogan, a married father, reached out to the victim's spouse, the husband, in an digital platform titled “unbeknownst to her”, where the husband was looking for men to visit his house to rape his wife once he had sedated her into a deep sleep.

We trust the jury will declare that in this nation, human rights are also women’s rights – that consent is individual, not given by another,” stated the victim's lawyer, her legal representative. “Permission is secured personally and not through someone else from a spouse.”

Case History

The husband, one of the worst sex offenders in modern French history, was sentenced to twenty years in prison last year for sedating his then wife and soliciting numerous individuals to sexually assault her in her home in the Provence village of the village of Mazan over a period of almost a decade of their marriage.

Dozens of additional defendants were found culpable in a high-profile trial last year, and Dogan was the only man to contest his sentence. He was first handed a term to 9 years in prison, a punishment enhanced on Thursday to 10 years.

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

Courtroom Details

Dogan had initially sent Dominique Pelicot inappropriate pictures and then driven an hour from his residence in Provence to assault Gisèle Pelicot, after informing his wife he was leaving, the evidence indicated.

Pelicot, who was transported from isolation in prison to temporarily testify at the hearing, informed the court that the accused had understood his wife had been “drugged” and he said to men by phone: “I seek someone to violate my wife after I’ve sedated her without her knowledge.”

The trial became a key topic for a broader debate on sexual violence norms in society as the defendant continued to claim he was not guilty and had not perpetrated assault, contending that because the victim's husband had invited him into the room, his actions had been acceptable.

The jury in the Nîmes appeals court was displayed recorded footage of Gisèle Pelicot’s limp body, sedated and snoring in a unconscious condition, while a smiling Dogan performed assault on several occasions over a period of what authorities reported was 3.5 hours. The presiding judge said she had been at risk of death by choking. The state's case said there was absolute certainty that she had been unconscious and had not given permission.

Accused's Testimony

Dogan told the court the recordings were simply “sex scenes” and denied it was violation. He said what he did was “an intimate behavior”, not assault. He declared the court: “I never raped.” He said the victim's husband had invited him to the house, and therefore it was acceptable. He said he was influenced 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 lady.”

Victim's Response

Gisèle Pelicot, who was supported upon exiting the courtroom each day by onlookers assembled to stand with her, said to the defendant in court: “You do not grasp. When will you acknowledge you violated me? It is unlawful to assault an unconscious woman. At what point did I give you agreement? Not once.”

Gisèle Pelicot, seventy-two, became an global icon after she gave up her right to privacy in the trial last year when she said: “The shame should shift.”

State's Argument

Sie, addressing the victim in court, said the defendant's failure to take blame showed that: “Guilt has not shifted. The community is possibly in the process of that, possibly driven by the public consciousness resulting from the publication of your case.”

The prosecutor said Dogan’s claims of blamelessness showed how rape culture was still prevalent in society as part of “outdated” forms of “male domination”. He said: “It is imperative to change the culture of violence to a culture of consent.”

Sie told Dogan: “For as much as you refuse to admit it, it’s not just a person, it’s an entire unpleasant social system that you are endorsing.”

Personal History

The accused was originated from Turkey and at the age of five moved to France, where his parent worked as a building manager. The testimony revealed that his father was aggressive and that the defendant began consuming marijuana aged ten. When Dogan was 17 he was caught by authorities for drug trafficking and his father forced him to leave of home. He spent time in prison for narcotics offenses in his early 20s and had worked as a construction worker but had experienced periods of living on the streets.

He was wed and had a son with a genetic condition, who he was the main caregiver for, as his spouse worked in a institution's dining hall. The testimony revealed his wife did not know he had regular intimate relations outside their union. His defence said this was his way of coping with his stressful life. Dogan had informed a court psychologist that annually he engaged in commercial sex on his birthday. His lawyers told the court he had arthritis resulting from the pressure of the first trial.