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A man was convicted on appeal of sexually assaulting Gisele Pelicot after she was rendered comatose by her then-husband – and has had his prison sentence increased to 10 years.

Retrial Proceedings

The defendant, 44, an out-of-work construction worker, who had challenged his first conviction last year, underwent a appeal hearing this week at the Nîmes court of appeal.

A panel of four women and five men, accompanied by three judges, ruled against Dogan on Thursday of sexually assaulting 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 the victim's husband at the time, Dominique Pelicot, in an digital platform named “without her consent”, where Pelicot was recruiting men to come to his home to rape his wife once he had drugged her into a deep sleep.

We expect the panel will declare that in this society, fundamental rights are also women’s rights – that agreement is personal, not transferred,” stated the victim's lawyer, her legal representative. “Permission is obtained directly and not via a representative from a spouse.”

Background

Dominique Pelicot, one of the worst sex offenders in France's contemporary records, was sentenced to twenty years in prison last year for drugging his wife at the time and bringing in multiple perpetrators to rape her in her home in the community of Mazan over a duration of many years of their union.

Dozens of additional defendants were found guilty in a widely publicized trial last year, and Dogan was the only man to appeal against his verdict. He was first handed a term to nine years in prison, a sentence enhanced on Thursday to ten years.

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

Courtroom Details

Dogan had first sent Dominique Pelicot sexually explicit photos and then traveled an hour from his village in Provence to rape Gisèle Pelicot, after notifying his wife he was going out, the court heard.

Pelicot, who was transported from solitary confinement in prison to briefly testify at the retrial, told the court that Dogan had understood his wife had been “drugged” and he told to men by phone: “I want someone to violate my wife after I’ve rendered her unconscious without her consent.”

The proceedings became a central issue for a broader debate on rape culture in society as the defendant continued to say he was innocent and had not engaged in violation, contending that because the victim's husband had allowed him into the residence, his conduct had been permissible.

The jury in the higher court was presented with visual proof of Gisèle Pelicot’s unresponsive form, unconscious and breathing heavily in a comatose state, while a smiling the perpetrator performed assault repeatedly over a timeframe of what police said was several hours. The judge said she had been at danger of fatal outcome by choking. The state's case said there was no question that she had been unaware and had not agreed.

Dogan's Claims

The defendant told the court the videos were simply “intimate moments” and denied it was rape. 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 invited him to the home, and therefore it was OK. He said he was manipulated by the husband. “I wanted to stop,” the accused stated to the court. “I proceeded because he convinced me.”

Questioned if he wanted to make a final statement to the court, Dogan said: “I never wanted to harm that individual.”

Victim's Response

Gisèle Pelicot, who was applauded upon departing the trial each day by supporters gathered to support her, told the defendant in court: “You haven’t understood. When are you going to recognise you raped me? It is unlawful to assault an unconscious woman. When did I ever give you consent? At no time.”

Gisèle Pelicot, seventy-two, became an global icon after she waived her right to anonymity in the trial last year when she said: “The shame should shift.”

State's Argument

The prosecutor, speaking to the victim in court, said Dogan’s unwillingness to take accountability showed that: “Guilt has not shifted. The community is perhaps in the course of that, perhaps driven by the collective awareness spurred by the exposure of your case.”

Sie said Dogan’s claims of innocence showed how normalized violence 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 ethos of permission.”

The prosecutor said to Dogan: “While you deny it, it’s not just a woman, it’s an complete disturbing cultural framework that you are supporting.”

Personal History

The accused was born in Turkey and at the age of 5 relocated to the nation of France, where his parent worked as a caretaker. The testimony revealed that his parent was abusive and that Dogan began using drugs at the age of ten. When Dogan was 17 he was caught by authorities for selling narcotics and his father kicked him out the family house. He served time in prison for narcotics offenses in his early 20s and had worked as a laborer but had faced periods of homelessness.

He was married and had a son with a genetic condition, who he was the main caregiver for, as his spouse worked in a educational cafeteria. The evidence showed his spouse did not know he had regular intimate relations beyond their union. His defence said this was his method of dealing with his stressful life. Dogan had told a evaluator that annually he engaged in commercial sex on his birthday. His attorneys told the court he had joint inflammation resulting from the anxiety of the original case.