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A defendant has been found guilty on appeal of sexually assaulting Gisèle Pelicot after she was rendered comatose by her husband – and was given his prison sentence raised to 10 years.

Higher Court Case

Dogan, forty-four, an out-of-work construction worker, who had challenged his initial guilty verdict last year, underwent a new trial this week at the Nîmes court of appeal.

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

The testimony revealed that the accused, a family man, made contact with the victim's husband at the time, Dominique Pelicot, in an digital platform named “without her consent”, where Pelicot was recruiting men to enter his residence to assault his wife once he had rendered her unconscious into a unconscious state.

We expect the panel will declare that in this society, fundamental rights are also women’s rights – that agreement is personal, not delegated,” stated Gisèle Pelicot’s attorney, her legal representative. “Agreement is secured personally and not via a representative from a husband.”

Case History

The ex-husband, one of the worst sex offenders in modern French history, was sentenced to twenty years in prison last year for incapacitating his wife at the time and inviting dozens of men to rape her in her home in the community of the village of Mazan over a span of many years of their union.

Numerous other individuals were found culpable in a notable trial last year, and the appellant was the single defendant to challenge his verdict. He was originally given a sentence to nine years in prison, a penalty raised on Thursday to a decade.

The state's attorney, Dominique Sie, had stated 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 traveled an hour from his village in Provence to rape the victim, after informing his wife he was leaving, the court heard.

The ex-husband, who was brought from isolation in prison to briefly testify at the hearing, stated to the court that the accused had known his wife had been “sedated” and he told to men by phone: “I seek someone to abuse my wife after I’ve put her to sleep without her knowledge.”

The proceedings became a key topic for a larger conversation on societal attitudes in society as Dogan continued to assert he was blameless and had not engaged in violation, arguing that because the victim's husband had welcomed him into the residence, his conduct had been permissible.

The jury in the Nîmes appeals court was presented with video evidence of Gisèle Pelicot’s limp body, unconscious and breathing heavily in a deep sleep, while a smiling the perpetrator committed rape multiple times over a period of what investigators stated was three and a half hours. The court official said she had been at peril of death by suffocation. The state prosecution said there was absolute certainty that she had been incapacitated and had not agreed.

Defendant's Statements

The defendant stated to the court the footage were simply “sex scenes” and disputed it was violation. He said what he did was “a consensual activity”, not assault. He declared the court: “I never raped.” He said Gisèle Pelicot’s husband had allowed him to the house, and therefore it was acceptable. He said he was influenced by Dominique Pelicot. “I tried to halt,” Dogan informed the court. “I carried on because he convinced me.”

Questioned if he wanted to make a closing remarks to the court, Dogan said: “I had no desire to harm that individual.”

Survivor's Statement

The survivor, who was cheered upon leaving court each day by supporters assembled to support her, told the defendant in court: “You do not grasp. When are you going to recognise you assaulted me? It is illegal to rape an unaware woman. How could I have give you consent? Not once.”

Gisèle Pelicot, 72, became an symbol of resistance after she relinquished her right to privacy in the trial last year when she said: “Guilt ought to transfer.”

Legal Commentary

Sie, turning to Gisèle Pelicot in court, said Dogan’s refusal to take responsibility showed that: “Guilt has not shifted. Society is maybe in the midst of that, maybe propelled by the collective awareness resulting from the exposure of your ordeal.”

The prosecutor said the defendant's claims of non-guilt showed how societal tolerance was still widespread in society as part of “outdated” forms of “gender-based power”. He said: “Now we must change the culture of violence to a society based on agreement.”

Sie told Dogan: “While you deny it, it’s not just a person, it’s an whole disturbing societal structure that you are supporting.”

Defendant's Background

Dogan was originated from Turkey and at the age of 5 came to France, where his father worked as a concierge. The court heard that his father was abusive and that Dogan began consuming marijuana at the age of 10. When Dogan was 17 he was stopped by authorities for selling narcotics and his parent evicted him of home. He spent time in prison for drug dealing in his early 20s and had worked as a laborer but had experienced periods of being unhoused.

He was wed and had a son with a genetic condition, who he was the primary guardian for, as his spouse worked in a institution's dining hall. The court heard his spouse did not know he had frequent extramarital activities outside their marriage. His defence said this was his method of dealing with his stressful life. Dogan had informed a court psychologist that once a year he sought commercial sex on his special day. His legal representatives told the court he had joint inflammation caused by the pressure of the initial proceedings.