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An individual was convicted on retrial of sexually assaulting Gisele Pelicot following she was rendered comatose by her then-husband – and was given his jail term raised to a decade.

Appeal Trial

Dogan, forty-four, an unemployed builder, who had challenged his first conviction last year, underwent a appeal hearing this week at the higher court in Nîmes.

A jury of five men and four women, sitting with three judges, convicted Dogan on Thursday of raping the victim in her home in Provence in the morning of 29 June 2019.

The evidence showed that Dogan, a family man, connected with Gisèle Pelicot’s husband at the time, the husband, in an online chatroom titled “without her knowledge”, where Pelicot was recruiting men to enter his residence to rape his wife after he had drugged her into a deep sleep.

We trust the jury will declare that in this society, fundamental rights are also women’s rights – that permission is individual, not transferred,” said the victim's lawyer, her legal representative. “Consent is obtained directly and not by proxy from a spouse.”

Case History

The ex-husband, a notorious sex offenders in modern French history, was given a prison term to 20 years in prison last year for sedating his spouse and inviting multiple perpetrators to sexually assault her in her home in the Provence village of the village of Mazan over a duration of nearly ten years of their marriage.

Dozens of additional defendants were found guilty in a widely publicized trial last year, and the appellant was the sole individual to appeal against his conviction. He was first handed a term to nine years in prison, a sentence increased on Thursday to ten years.

The state's attorney, Dominique Sie, had argued he should serve 12 years, because he “absolutely refuses to take any responsibility”.

Testimony and Proof

Dogan had initially sent Dominique Pelicot graphic images and then driven an hour from his town in Provence to assault the victim, after informing his wife he was leaving, the testimony revealed.

The ex-husband, who was transported from isolation in prison to temporarily testify at the hearing, stated to the court that the accused had understood his wife had been “incapacitated” and he told to men by phone: “I’m looking for someone to assault my wife after I’ve rendered her unconscious without her consent.”

The proceedings became a key topic for a broader debate on sexual violence norms in society as the defendant continued to say he was blameless and had not perpetrated assault, stating that because Gisèle Pelicot’s husband had invited him into the room, his behavior had been permissible.

The jury in the higher court was displayed visual proof of Gisèle Pelicot’s limp body, unconscious and snoring in a comatose state, while a grinning Dogan committed rape on several occasions over a period of what police said was 3.5 hours. The court official said she had been at peril of death by suffocation. The state prosecution said there was no doubt that she had been unconscious and had not consented.

Accused's Testimony

The defendant informed the court the footage were simply “sexual encounters” and denied it was assault. 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 invited him to the residence, and therefore it was OK. He said he was manipulated by the husband. “I wanted to stop,” the accused informed the court. “I carried on because he persuaded me.”

Questioned if he wanted to make a final statement to the court, Dogan said: “I did not intend to injure that lady.”

Pelicot's Words

The victim, who was supported upon exiting the courtroom each day by onlookers present to stand with her, told Dogan in court: “You fail to comprehend. When will you admit you raped me? It is unlawful to rape an incapacitated woman. How could I have give you agreement? Not once.”

The victim, seventy-two, became an international feminist hero after she waived her right to anonymity in the trial last year when she said: “The shame should shift.”

Prosecutor's Remarks

Sie, turning to the victim in court, said the defendant's refusal to take blame showed that: “The shame remains. The community is maybe in the course of that, possibly propelled by the public consciousness spurred by the exposure of your situation.”

Sie said the defendant's claims of innocence showed how rape culture was still common in society as part of “archaic” forms of “gender-based power”. He said: “It is imperative to change the culture of violence to a culture of consent.”

Sie told the defendant: “For as much as you reject it, it’s not just a person, it’s an whole disturbing social system that you are supporting.”

Personal History

Dogan was born in the country of Turkey and at the age of five relocated to France, where his father worked as a building manager. The testimony revealed that his parent was violent and that the defendant began smoking cannabis at the age of ten. When he was 17 he was stopped by authorities for selling narcotics and his parent evicted him the family house. He spent time in prison for trafficking in his young adulthood and had worked as a builder but had experienced periods of living on the streets.

He was married and had a son with special needs, who he was the principal carer for, as his spouse worked in a school canteen. The evidence showed his spouse did not know he had frequent sexual encounters beyond their union. His defence said this was his way of coping with his difficult circumstances. Dogan had informed a mental health expert that annually he sought commercial sex on his birthday. His legal representatives stated to the court he had arthritis resulting from the stress of the first trial.