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A man was declared guilty on higher court review of sexually assaulting Gisele Pelicot following she was rendered comatose by her then-husband – and has had his jail term increased to 10 years.

Appeal Trial

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

A panel of nine jurors, joined by three judges, convicted Dogan on Thursday of raping the victim in her bedroom in Provence in the early hours of 29 June 2019.

The evidence showed that Dogan, a married father, connected with the victim's spouse, the husband, in an internet forum titled “unbeknownst to her”, where the husband was recruiting men to come to his home to assault his wife after he had drugged her into a unconscious state.

We expect the court will declare that in this nation, human rights are also rights of women – that permission is individual, not given by another,” said the victim's lawyer, Antoine Camus. “Agreement is received personally and not through someone else from a husband.”

Case History

Dominique Pelicot, among the most severe sexual predators in modern French history, was handed a sentence to twenty years in prison last year for drugging his wife at the time and inviting multiple perpetrators to sexually assault her in her home in the Provence village of Mazan over a duration of many years of their marriage.

Numerous other individuals were found convicted in a widely publicized trial last year, and Dogan was the sole individual to challenge his verdict. He was first sentenced to 9 years in prison, a sentence increased on Thursday to ten years.

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

Evidence Presented

The defendant had initially sent Dominique Pelicot sexually explicit photos and then traveled an hour from his residence in the region to assault Gisèle Pelicot, after notifying his wife he was stepping out, the testimony revealed.

Pelicot, who was brought from isolation in prison to briefly provide testimony at the appeal trial, informed the court that Dogan had been aware his wife had been “drugged” and he told to men by phone: “I want someone to assault my wife after I’ve sedated her without her consent.”

The courtroom became a focus point for a wider discussion on rape culture in society as Dogan continued to claim he was not guilty and had not engaged in violation, stating that because Gisèle Pelicot’s husband had welcomed him into the bedroom, his behavior had been justifiable.

The panel in the higher court was shown recorded footage of the victim's limp body, unconscious and snoring in a unconscious condition, while a grinning Dogan performed assault multiple times over a duration of what authorities reported was three and a half hours. The judge said she had been at risk of fatal outcome by choking. The state prosecution said there was no doubt that she had been incapacitated and had not agreed.

Dogan's Claims

Dogan informed the court the videos were simply “sexual encounters” and denied it was rape. He said what he did was “an intimate behavior”, not assault. He stated the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had brought him to the home, and therefore it was OK. He said he was deceived by Dominique Pelicot. “I wanted to stop,” Dogan told the court. “I continued because he convinced me.”

Questioned if he wanted to make a last words to the court, Dogan said: “I had no desire to hurt that lady.”

Survivor's Statement

Gisèle Pelicot, who was cheered upon departing the trial each day by crowds gathered to support her, said to the defendant in court: “You fail to comprehend. When are you going to recognise you raped me? It is illegal to rape an unaware woman. At what point did I give you agreement? Never.”

Gisèle Pelicot, seventy-two, became an symbol of resistance after she waived her right to confidentiality in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

Sie, speaking to the victim in court, said the defendant's refusal to take blame showed that: “Shame has not yet changed sides. The public is possibly in the midst of that, maybe driven by the public consciousness resulting from the exposure of your situation.”

Sie said Dogan’s claims of blamelessness showed how rape culture was still common in society as part of “outdated” forms of “gender-based power”. He said: “Now we must change rape culture to a ethos of permission.”

The prosecutor told Dogan: “As long as you reject it, it’s not just a individual, it’s an entire unpleasant social system that you are upholding.”

Defendant's Background

Dogan was born in Turkey and at the age of 5 came to the nation of France, where his father worked as a caretaker. The court heard that his parent was abusive and that the defendant began smoking cannabis at the age of 10. When Dogan was seventeen he was apprehended by police for dealing drugs and his father kicked him out of home. He spent time in prison for narcotics offenses in his young adulthood and had worked as a builder but had undergone periods of being unhoused.

He was wed and had a child with Down’s syndrome, who he was the primary guardian for, as his wife worked in a school canteen. The court heard his spouse did not know he had repeated sexual encounters beyond their union. His defence said this was his method of dealing with his challenging existence. Dogan had informed a evaluator that once a year he sought paid sex on his birthday. His legal representatives informed the court he had a medical condition resulting from the pressure of the initial proceedings.