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A man has been found guilty on appeal of sexually assaulting Gisele Pelicot following she was rendered comatose by her then-husband – and received his incarceration period extended to ten years.

Retrial Proceedings

Dogan, 44, an out-of-work construction worker, who had appealed his initial guilty verdict last year, experienced a appeal hearing this week at the higher court in Nîmes.

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

The testimony revealed that Dogan, a family man, connected with the victim's spouse, Dominique Pelicot, in an internet forum called “unbeknownst to her”, where the husband was seeking men to visit his house to rape his wife after he had drugged her into a unconscious state.

“We hope the panel will say loud and clear that in this nation, fundamental rights are also women’s rights – that agreement is individual, not transferred,” said the victim's lawyer, Antoine Camus. “Permission is obtained directly and not via a representative from a spouse.”

Case History

The husband, one of the worst sexual predators in France's contemporary records, was given a prison term to two decades in prison last year for incapacitating his then wife and soliciting dozens of men to rape her in her home in the town of Mazan over a period of many years of their marriage.

Numerous other individuals were found convicted in a notable trial last year, and Dogan was the sole individual to contest his conviction. He was first sentenced to 9 years in prison, a penalty raised on Thursday to ten years.

The state's attorney, the prosecutor, had argued he should serve twelve years, because he “absolutely refuses to take any blame”.

Testimony and Proof

Dogan had initially sent Dominique Pelicot sexually explicit photos and then driven an hour from his town in the region to assault the victim, after telling his wife he was stepping out, 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 been aware his wife had been “incapacitated” 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 wider discussion on societal attitudes in society as Dogan continued to assert he was blameless and had not engaged in violation, stating that because Gisèle Pelicot’s husband had welcomed him into the room, his actions had been permissible.

The jury in the higher court was shown video evidence of Gisèle Pelicot’s unconscious figure, sedated and breathing heavily in a comatose state, while a grinning Dogan performed assault repeatedly over a timeframe of what authorities reported was three and a half hours. The judge said she had been at danger of fatal outcome by asphyxiation. The state's case said there was no question that she had been unconscious and had not given permission.

Dogan's Claims

Dogan informed the court the videos were simply “sexual encounters” and disputed it was assault. He said what he did was “an intimate behavior”, not assault. He stated the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had allowed him to the home, and therefore it was permissible. He said he was influenced by Dominique Pelicot. “I wanted to stop,” the accused stated to the court. “I continued because he convinced me.”

Questioned if he wanted to make a closing remarks to the court, Dogan said: “I never wanted to harm that woman.”

Survivor's Statement

The survivor, who was cheered upon departing the trial each day by crowds gathered to stand with her, addressed the defendant in court: “You haven’t understood. When will you admit you violated me? It’s a crime to assault an unaware woman. At what point did I give you consent? Never.”

The victim, seventy-two, 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, turning to the victim in court, said the defendant's failure to take responsibility showed that: “Guilt has not shifted. The community is possibly in the process of that, perhaps motivated by the public consciousness spurred by the revelation of your situation.”

Sie said Dogan’s claims of blamelessness showed how societal tolerance was still widespread in society as part of “old-fashioned” forms of “male domination”. He said: “Now we must change rape culture to a society based on agreement.”

The prosecutor addressed the defendant: “While you reject it, it’s not just a woman, it’s an whole disturbing societal structure that you are endorsing.”

Biographical Details

Dogan was originated from the country of Turkey and at the age of 5 moved to the nation of France, where his parent worked as a building manager. The testimony revealed that his parent was aggressive and that the defendant began using drugs aged 10. When he was 17 he was apprehended by police for dealing drugs and his father forced him to leave of home. He was incarcerated in prison for drug dealing in his twenties and had worked as a laborer but had undergone periods of living on the streets.

He was wed and had a son with special needs, who he was the principal carer for, as his wife worked in a institution's dining hall. The testimony revealed his wife did not know he had frequent extramarital activities beyond their marriage. His legal team said this was his method of dealing with his difficult circumstances. The defendant had stated to a mental health expert that annually he looked for commercial sex on his special day. His attorneys told the court he had a medical condition resulting from the stress of the original case.