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An individual was convicted on appeal of sexually assaulting Gisele Pelicot after she was rendered comatose by her spouse – and has had his jail term raised to a decade.

Appeal Trial

The defendant, 44, an out-of-work construction worker, who had challenged his initial guilty verdict last year, underwent a new trial this week at the Nîmes court of appeal.

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

The testimony revealed that the accused, a married father, reached out to Gisèle Pelicot’s spouse, Dominique Pelicot, in an internet forum titled “without her consent”, where Pelicot was recruiting men to come to his home to assault his wife after he had drugged her into a comatose state.

We trust the panel will declare that in this nation, human rights are also rights of women – that consent is personal, not transferred,” declared the victim's attorney, Antoine Camus. “Permission is obtained personally and not through someone else from a spouse.”

Case History

The husband, among the most severe sexual predators in recent French history, was handed a sentence to two decades in prison last year for drugging his wife at the time and inviting multiple perpetrators to rape her in her home in the community of Mazan over a span of almost a decade of their union.

Numerous other individuals were found guilty in a widely publicized trial last year, and Dogan was the only man to contest his conviction. He was first handed a term to 9 years in prison, a penalty enhanced on Thursday to a decade.

The chief prosecutor, Dominique Sie, had stated he should serve twelve years, because he “stubbornly rejects to take any blame”.

Testimony and Proof

Dogan had first sent Dominique Pelicot sexually explicit photos and then traveled an hour from his residence in Provence to rape Gisèle Pelicot, after telling his wife he was stepping out, the testimony revealed.

The ex-husband, who was transported from segregation in prison to briefly provide testimony at the appeal trial, 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 violate my wife after I’ve rendered her unconscious without her knowledge.”

The courtroom became a central issue for a broader debate on sexual violence norms in society as the defendant continued to assert he was blameless and had not engaged in violation, contending that because the victim's husband had welcomed him into the residence, his behavior had been acceptable.

The panel in the higher court was displayed recorded footage of the victim's unresponsive form, comatose and snoring in a comatose state, while a smiling the perpetrator committed rape on several occasions over a period of what investigators stated was 3.5 hours. The presiding judge said she had been at danger of death by asphyxiation. The state's case said there was absolute certainty that she had been unconscious and had not consented.

Accused's Testimony

Dogan stated to the court the footage were simply “sexual encounters” and rejected it was violation. He said what he did was “a consensual activity”, not assault. He stated 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 attempted to cease,” Dogan stated to the court. “I proceeded because he reassured me.”

Questioned if he wanted to make a closing remarks to the court, Dogan said: “I did not intend to injure that lady.”

Survivor's Statement

The victim, who was cheered upon leaving court each day by onlookers assembled to support her, told Dogan in court: “You fail to comprehend. When will you admit you raped me? It is illegal to assault an unaware woman. At what point did I give you consent? Never.”

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

State's Argument

The prosecutor, turning to Gisèle Pelicot in court, said Dogan’s failure to take responsibility showed that: “Shame has not yet changed sides. The community is perhaps in the course of that, maybe motivated by the public consciousness spurred by the revelation of your case.”

The prosecutor said the defendant's claims of non-guilt showed how normalized violence was still prevalent in society as part of “outdated” forms of “male domination”. He said: “Now we must change the culture of violence to a ethos of permission.”

The prosecutor told the defendant: “As long as you deny it, it’s not just a individual, it’s an complete unpleasant societal structure that you are endorsing.”

Personal History

Dogan was originated from Turkey and at the age of five came to the nation of France, where his father worked as a concierge. The evidence indicated that his father was abusive and that the defendant began smoking cannabis aged 10. When Dogan was 17 he was caught by authorities for drug trafficking and his father forced him to leave the family house. He served time in prison for narcotics offenses in his twenties and had worked as a construction worker but had experienced periods of living on the streets.

He was married and had a child with Down’s syndrome, who he was the principal carer for, as his spouse worked in a school canteen. The evidence showed his wife did not know he had regular intimate relations outside their union. His legal team said this was his method of dealing with his stressful life. The defendant had stated to a court psychologist that annually he looked for commercial sex on his birthday. His legal representatives told the court he had joint inflammation resulting from the anxiety of the initial proceedings.