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A man has been found guilty on higher court review of sexually assaulting Gisele Pelicot after she was rendered comatose by her spouse – and was given his jail term raised to 10 years.

Appeal Trial

The defendant, forty-four, an out-of-work construction worker, who had challenged his initial guilty verdict last year, underwent a retrial this week at the appeals court in Nîmes.

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

The court heard that the accused, a family man, reached out to Gisèle Pelicot’s husband at the time, Dominique Pelicot, in an internet forum called “without her consent”, where Pelicot was seeking men to enter his residence to assault his wife after he had sedated her into a deep sleep.

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

Case History

Dominique Pelicot, one of the worst sexual predators in recent French history, was given a prison term to twenty years in prison last year for sedating his wife at the time and bringing in multiple perpetrators to sexually assault her in her home in the town of the village of Mazan over a span of nearly ten years of their marriage.

Dozens of additional defendants were found culpable in a high-profile trial last year, and Dogan was the single defendant to appeal against his verdict. He was first given a sentence to nine years in prison, a punishment increased on Thursday to 10 years.

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

Evidence Presented

Dogan had initially sent the husband graphic images and then driven an hour from his village in Provence to assault the victim, after informing his wife he was leaving, the court heard.

The ex-husband, who was brought from isolation in prison to temporarily provide testimony at the appeal trial, told the court that Dogan had been aware his wife had been “sedated” and he communicated to men by phone: “I’m looking for someone to abuse my wife after I’ve rendered her unconscious without her knowledge.”

The courtroom became a key topic for a wider discussion on societal attitudes in society as Dogan continued to say he was not guilty and had not perpetrated assault, arguing that because Gisèle Pelicot’s husband had welcomed him into the bedroom, his behavior had been acceptable.

The panel in the Nîmes appeals court was displayed visual proof of Gisèle Pelicot’s limp body, sedated and snoring in a deep sleep, while a grinning the perpetrator engaged in violation repeatedly over a timeframe of what authorities reported was several hours. The court official said she had been at risk of death by choking. The prosecution said there was no question that she had been unconscious and had not given permission.

Accused's Testimony

Dogan told the court the recordings were simply “intimate moments” and disputed it was rape. He said what he did was “a consensual activity”, not rape. He told the court: “I am innocent of assault.” He said the victim's husband had brought him to the residence, and therefore it was OK. He said he was influenced by the husband. “I tried to halt,” Dogan informed the court. “I carried on because he persuaded me.”

Inquired if he wanted to make a closing remarks to the court, the defendant said: “I had no desire to hurt that lady.”

Pelicot's Words

The survivor, who was cheered upon departing the trial each day by crowds gathered to back her, said to Dogan in court: “You haven’t understood. When will you admit you raped me? It is unlawful to assault an incapacitated woman. At what point did I give you permission? At no time.”

Gisèle Pelicot, seventy-two, became an international feminist hero after she gave up her right to anonymity in the trial last year when she said: “Shame must change sides.”

Legal Commentary

Sie, addressing the victim in court, said Dogan’s unwillingness to take accountability showed that: “Shame has not yet changed sides. The community is possibly in the process of that, maybe propelled by the societal understanding spurred by the revelation of your ordeal.”

Sie said the defendant's claims of innocence showed how rape culture was still common in society as part of “outdated” forms of “gender-based power”. He said: “We need to change the culture of violence to a society based on agreement.”

Sie said to the defendant: “While you reject it, it’s not just a person, it’s an whole sordid cultural framework that you are endorsing.”

Biographical Details

Dogan was originated from Turkey and at the age of 5 came to France, where his father worked as a building manager. The evidence indicated that his parent was violent and that Dogan began consuming marijuana aged 10. When Dogan was 17 he was stopped by authorities for drug trafficking and his father evicted him of home. He was incarcerated in prison for trafficking in his early 20s and had worked as a builder but had undergone 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 educational cafeteria. The evidence showed his wife did not know he had frequent intimate relations beyond their marriage. His legal team said this was his method of dealing with his stressful life. The defendant had informed a mental health expert that each year he sought commercial sex on his special day. His attorneys informed the court he had arthritis caused by the anxiety of the initial proceedings.