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An individual was convicted on appeal of sexually assaulting Gisèle Pelicot after she was rendered comatose by her then-husband – and was given his jail term increased to a decade.

Higher Court Case

The defendant, forty-four, an out-of-work construction worker, who had contested his first conviction last year, experienced a appeal hearing this week at the higher court in Nîmes.

A jury of five men and four women, accompanied by three judges, convicted Dogan on Thursday of raping the victim in her home in southern France in the early hours of June 29, 2019.

The testimony revealed that Dogan, a family man, made contact with Gisèle Pelicot’s spouse, Dominique Pelicot, in an digital platform titled “unbeknownst to her”, where the husband was seeking men to come to his home to rape his wife once he had drugged her into a unconscious state.

We trust the panel will declare that in this society, fundamental rights are also women’s rights – that permission is individual, not delegated,” declared the victim's attorney, her legal representative. “Agreement is received personally and not by proxy from a husband.”

Case History

The husband, one of the worst sexual predators in modern French history, was handed a sentence to twenty years in prison last year for incapacitating his then wife and soliciting dozens of men to rape her in her home in the Provence village of the village of Mazan over a period of almost a decade of their marriage.

Fifty other men were found guilty in a high-profile trial last year, and the appellant was the only man to challenge his sentence. He was originally given a sentence to 9 years in prison, a sentence enhanced on Thursday to a decade.

The lead state prosecutor, the prosecutor, had contended he should serve twelve years, because he “completely denies to take any blame”.

Courtroom Details

The defendant had first sent Dominique Pelicot graphic images and then traveled an hour from his village in Provence to rape Gisèle Pelicot, after telling his wife he was leaving, the testimony revealed.

Pelicot, who was transported from isolation in prison to briefly provide testimony at the hearing, informed the court that the accused had known his wife had been “sedated” and he said to men by phone: “I want someone to abuse my wife after I’ve rendered her unconscious without her knowledge.”

The proceedings became a central issue for a larger conversation on societal attitudes in society as Dogan continued to say he was not guilty and had not engaged in violation, stating that because Gisèle Pelicot’s husband had welcomed him into the room, his behavior had been justifiable.

The jury in the Nîmes appeals court was shown video evidence of Gisèle Pelicot’s unresponsive form, sedated and snoring in a comatose state, while a smiling Dogan performed assault on several occasions over a period of what investigators stated was several hours. The presiding judge said she had been at danger of death by choking. The state prosecution said there was absolute certainty that she had been unconscious and had not given permission.

Defendant's Statements

The defendant stated to the court the footage were simply “sex scenes” and disputed it was rape. He said what he did was “a sexual act”, not assault. He told the court: “I am innocent of assault.” He said the victim's husband had invited him to the residence, and therefore it was acceptable. He said he was influenced by Dominique Pelicot. “I tried to halt,” the accused told the court. “I carried on because he persuaded me.”

Inquired if he wanted to make a final statement to the court, Dogan said: “I never wanted to injure that woman.”

Pelicot's Words

Gisèle Pelicot, who was supported upon exiting the courtroom each day by crowds assembled to back her, said to Dogan in court: “You haven’t understood. When will you admit you violated me? It is illegal to rape an unaware woman. How could I have give you permission? Never.”

Gisèle Pelicot, 72, became an symbol of resistance after she relinquished her right to anonymity in the trial last year when she said: “The shame should shift.”

Prosecutor's Remarks

The prosecutor, turning to the victim in court, said Dogan’s unwillingness to take responsibility showed that: “Guilt has not shifted. The community is possibly in the midst of that, maybe motivated by the public consciousness brought by the revelation of your situation.”

Sie said Dogan’s claims of non-guilt showed how normalized violence was still widespread in society as part of “outdated” forms of “male domination”. He said: “Now we must change rape culture to a ethos of permission.”

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

Biographical Details

Dogan was originated from the country of Turkey and at the age of 5 moved to France, where his parent worked as a building manager. The testimony revealed that his parent was abusive and that the defendant began consuming marijuana aged 10. When he was seventeen he was apprehended by police for drug trafficking and his parent forced him to leave of home. He served time in prison for narcotics offenses in his early 20s and had worked as a laborer but had experienced periods of living on the streets.

He was married and had a son with Down’s syndrome, who he was the principal carer for, as his wife worked in a educational cafeteria. The court heard his spouse did not know he had repeated sexual encounters outside their marriage. His legal team said this was his strategy for managing with his challenging existence. Dogan had stated to a court psychologist that each year he engaged in transactional encounters on his special day. His lawyers informed the court he had a medical condition caused by the anxiety of the original case.