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An individual has been found guilty on appeal of sexually assaulting Gisèle Pelicot following she was rendered comatose by her husband – and received his prison sentence raised to ten years.

Retrial Proceedings

The defendant, 44, an unemployed builder, who had contested his first conviction last year, underwent a retrial this week at the Nîmes court of appeal.

A jury of four women and five men, sitting with three judges, found Dogan guilty on Thursday of raping Pelicot in her bedroom in the south of France in the early hours of June 29, 2019.

The evidence showed that Dogan, a married father, connected with the victim's husband at the time, Dominique Pelicot, in an internet forum titled “without her knowledge”, where the husband was looking for men to visit his house to assault his wife after he had rendered her unconscious into a deep sleep.

We expect the jury will say loud and clear that in this country, fundamental rights are also women’s rights – that agreement is individual, not given by another,” said Gisèle Pelicot’s attorney, her legal representative. “Permission is obtained directly and not by proxy from a spouse.”

Case History

Dominique Pelicot, one of the worst sex offenders in recent French history, was given a prison term to twenty years in prison last year for sedating his spouse and bringing in numerous individuals to sexually assault her in her home in the community of Mazan over a period of many years of their union.

Numerous other individuals were found convicted in a high-profile trial last year, and Dogan was the sole individual to contest his sentence. He was first given a sentence to nine years in prison, a punishment enhanced on Thursday to 10 years.

The chief prosecutor, the prosecutor, had contended he should serve twelve years, because he “stubbornly rejects to take any blame”.

Testimony and Proof

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

The ex-husband, who was brought from isolation in prison to temporarily testify at the appeal trial, informed the court that Dogan had understood his wife had been “incapacitated” and he told to men by phone: “I want someone to abuse my wife after I’ve sedated her without her consent.”

The proceedings became a focus point for a broader debate on rape culture in society as the defendant continued to say he was not guilty and had not committed rape, arguing that because the victim's husband had invited him into the residence, his behavior had been permissible.

The jury in the Nîmes appeals court was presented with visual proof of Gisèle Pelicot’s unconscious figure, unconscious and snoring in a unconscious condition, while a smiling Dogan performed assault multiple times over a period of what police said was 3.5 hours. The judge said she had been at peril of death by choking. The state prosecution said there was no doubt that she had been unaware and had not given permission.

Accused's Testimony

The defendant informed the court the footage were simply “sexual encounters” and disputed it was violation. He said what he did was “a sexual act”, not assault. He told the court: “I never raped.” He said Gisèle Pelicot’s husband had brought him to the house, and therefore it was permissible. He said he was manipulated by the husband. “I attempted to cease,” the accused 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 never wanted to injure that lady.”

Victim's Response

The survivor, who was supported upon leaving court each day by crowds assembled to support her, addressed the defendant in court: “You haven’t understood. When will you acknowledge you raped me? It is illegal to rape an unaware woman. When did I ever give you agreement? Never.”

The victim, seventy-two, became an international feminist hero after she gave up her right to anonymity in the trial last year when she said: “Guilt ought to transfer.”

State's Argument

Sie, speaking to Gisèle Pelicot in court, said Dogan’s refusal to take accountability showed that: “Guilt has not shifted. The community is maybe in the process of that, possibly driven by the collective awareness resulting from the revelation of your ordeal.”

Sie said the defendant's claims of innocence showed how normalized violence was still common in society as part of “archaic” forms of “patriarchal control”. He said: “It is imperative to change rape culture to a society based on agreement.”

Sie said to the defendant: “As long as you reject it, it’s not just a woman, it’s an whole disturbing societal structure that you are supporting.”

Personal History

The accused was born in the country of Turkey and at the age of 5 moved to the nation of France, where his father worked as a caretaker. The court heard that his parent was violent and that Dogan began consuming marijuana aged 10. When he was seventeen he was stopped by authorities for dealing drugs and his father kicked him out the residence. He served time in prison for trafficking in his twenties and had worked as a builder but had undergone periods of living on the streets.

He was wed and had a child with a genetic condition, who he was the primary guardian for, as his spouse worked in a school canteen. The evidence showed his wife did not know he had regular intimate relations outside their marriage. His defence said this was his way of coping with his stressful life. The defendant had informed a evaluator that once a year he engaged in transactional encounters on his special day. His lawyers stated to the court he had arthritis caused by the pressure of the first trial.