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A defendant was declared guilty on higher court review of sexually assaulting Gisele Pelicot after she was rendered comatose by her spouse – and has had his jail term extended to ten years.

Retrial Proceedings

The defendant, forty-four, an unemployed builder, who had challenged his first conviction last year, experienced a retrial this week at the appeals court in Nîmes.

A jury of five men and four women, accompanied by three judges, convicted Dogan on Thursday of sexually assaulting the victim in her home in Provence in the morning of June 29, 2019.

The evidence showed that the accused, a married father, reached out to Gisèle Pelicot’s spouse, Dominique Pelicot, in an internet forum named “without her knowledge”, where the husband was recruiting men to come to his home to rape his wife once he had sedated her into a comatose state.

“We hope the panel will affirm that in this country, human rights are also women’s rights – that agreement is individual, not given by another,” stated Gisèle Pelicot’s lawyer, her legal representative. “Agreement is received directly and not through someone else from a spouse.”

Case History

The husband, one of the worst sexual predators in France's contemporary records, was sentenced to two decades in prison last year for incapacitating his spouse and soliciting numerous individuals to rape her in her home in the town of the village of Mazan over a period of almost a decade of their marriage.

Numerous other individuals were found guilty in a high-profile trial last year, and the appellant was the only man to appeal against his verdict. He was originally sentenced to 9 years in prison, a penalty raised on Thursday to ten years.

The chief prosecutor, the prosecutor, had argued he should serve 12 years, because he “completely denies to take any responsibility”.

Testimony and Proof

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

Pelicot, who was transported from isolation in prison to temporarily provide testimony at the hearing, informed the court that the accused had understood his wife had been “sedated” and he said to men by phone: “I’m looking for someone to assault my wife after I’ve rendered her unconscious unbeknownst to her.”

The proceedings became a central issue for a larger conversation on societal attitudes in society as Dogan continued to say he was blameless and had not committed rape, stating that because Gisèle Pelicot’s husband had allowed him into the residence, his conduct had been acceptable.

The jury in the Nîmes appeals court was displayed video evidence of Gisèle Pelicot’s limp body, comatose and snoring in a comatose state, while a grinning Dogan engaged in violation multiple times over a timeframe of what investigators stated was 3.5 hours. The judge said she had been at risk of fatal outcome by asphyxiation. The state prosecution said there was no question that she had been unaware and had not given permission.

Dogan's Claims

Dogan stated to the court the footage were simply “sexual encounters” and disputed it was assault. He said what he did was “a sexual act”, not rape. He told the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had invited him to the house, and therefore it was acceptable. He said he was influenced by Dominique Pelicot. “I tried to halt,” the accused told the court. “I continued because he convinced me.”

Inquired if he wanted to make a last words to the court, the defendant said: “I did not intend to injure that lady.”

Victim's Response

The victim, who was applauded upon leaving court each day by supporters assembled 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. When did I ever give you consent? Never.”

The victim, 72, became an global icon after she waived her right to anonymity in the trial last year when she said: “Shame must change sides.”

State's Argument

Sie, speaking to Gisèle Pelicot in court, said the defendant's failure to take responsibility showed that: “Guilt has not shifted. The community is maybe in the midst of that, maybe propelled by the public consciousness spurred by the revelation of your situation.”

The prosecutor said Dogan’s claims of non-guilt showed how rape culture was still prevalent in society as part of “outdated” forms of “gender-based power”. He said: “It is imperative to change the culture of violence to a culture of consent.”

Sie told Dogan: “For as much as you deny it, it’s not just a individual, it’s an complete sordid cultural framework that you are upholding.”

Personal History

The accused was originated from the country of Turkey and at the age of five moved to the nation of France, where his father worked as a concierge. The evidence indicated that his parent was aggressive and that Dogan began using drugs at the age of ten. When Dogan was 17 he was apprehended by authorities for drug trafficking and his parent forced him to leave the family house. He served time in prison for drug dealing in his early 20s and had worked as a laborer but had experienced periods of homelessness.

He was married and had a child with Down’s syndrome, who he was the main caregiver for, as his wife worked in a educational cafeteria. The court heard his spouse did not know he had regular intimate relations outside their union. His legal team said this was his strategy for managing with his difficult circumstances. The defendant had informed a court psychologist that once a year he engaged in transactional encounters on his special day. His attorneys told the court he had arthritis resulting from the pressure of the initial proceedings.