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An individual was convicted on higher court review of sexually assaulting Gisèle Pelicot following she was rendered comatose by her husband – and received his incarceration period raised to a decade.

Retrial Proceedings

The defendant, 44, an unemployed builder, who had contested his first conviction last year, underwent a appeal hearing this week at the higher court in Nîmes.

A panel of nine jurors, joined by three judges, convicted Dogan on Thursday of sexually assaulting Pelicot in her residence in the south of France in the early hours of June 29, 2019.

The testimony revealed that the accused, a family man, reached out to Gisèle Pelicot’s then husband, Dominique Pelicot, in an online chatroom titled “without her consent”, where the husband was looking for 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 society, human rights are also women’s rights – that agreement is personal, not delegated,” stated Gisèle Pelicot’s lawyer, her legal representative. “Agreement is obtained directly and not through someone else from a spouse.”

Case History

Dominique Pelicot, one of the worst sexual predators in modern French history, was given a prison term to two decades in prison last year for drugging his spouse and inviting multiple perpetrators to rape her in her home in the town of the village of Mazan over a span of nearly ten years of their marriage.

Numerous other individuals were found convicted in a high-profile trial last year, and Dogan was the sole individual to challenge his verdict. He was first given a sentence to nine years in prison, a penalty increased on Thursday to 10 years.

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

Testimony and Proof

The defendant had initially sent Dominique Pelicot graphic images and then traveled an hour from his village in the region to assault Gisèle Pelicot, after informing his wife he was going out, the court heard.

Pelicot, who was brought from segregation in prison to briefly provide testimony at the retrial, stated to the court that Dogan had been aware his wife had been “sedated” and he told to men by phone: “I’m looking for someone to assault my wife after I’ve sedated her without her consent.”

The courtroom became a central issue for a wider discussion on societal attitudes in society as the defendant continued to say he was innocent and had not perpetrated assault, arguing that because Gisèle Pelicot’s husband had welcomed him into the bedroom, his behavior had been permissible.

The panel in the higher court was presented with visual proof of the victim's unconscious figure, comatose and snoring in a comatose state, while a grinning the perpetrator committed rape on several occasions over a timeframe of what authorities reported was 3.5 hours. The judge said she had been at danger of fatal outcome by suffocation. The prosecution said there was absolute certainty that she had been unaware and had not agreed.

Defendant's Statements

The defendant informed the court the footage were simply “sex scenes” and rejected it was violation. 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 residence, and therefore it was permissible. He said he was manipulated by Dominique Pelicot. “I attempted to cease,” the accused informed the court. “I continued because he reassured me.”

Asked if he wanted to make a final statement to the court, Dogan said: “I did not intend to hurt that woman.”

Pelicot's Words

The victim, who was supported upon departing the trial each day by supporters present to stand with her, told Dogan in court: “You fail to comprehend. When will you admit you violated me? It’s a crime to assault an incapacitated woman. When did I ever give you agreement? Never.”

The victim, seventy-two, became an international feminist hero after she waived her right to privacy in the trial last year when she said: “The shame should shift.”

Prosecutor's Remarks

Sie, speaking to the victim in court, said Dogan’s failure to take responsibility showed that: “The shame remains. Society is possibly in the process of that, maybe propelled by the societal understanding resulting from the revelation of your situation.”

The prosecutor said the defendant's claims of blamelessness showed how normalized violence was still common in society as part of “archaic” forms of “gender-based power”. He said: “It is imperative to change the culture of violence to a ethos of permission.”

The prosecutor told Dogan: “As long as you reject it, it’s not just a person, it’s an whole sordid societal structure that you are upholding.”

Biographical Details

Dogan was originated from the country of Turkey and at the age of five moved to France, where his father worked as a building manager. The court heard that his father was abusive and that Dogan began consuming marijuana aged ten. When Dogan was 17 he was stopped by police for dealing drugs and his father forced him to leave the residence. He spent time in prison for drug dealing in his young adulthood and had worked as a laborer but had undergone periods of being unhoused.

He was wed and had a son with a genetic condition, who he was the principal carer for, as his wife worked in a institution's dining hall. The court heard his spouse did not know he had repeated intimate relations outside their marriage. His defence said this was his way of coping with his difficult circumstances. Dogan had informed a evaluator that each year he looked for paid sex on his birthday. His lawyers told the court he had a medical condition caused by the stress of the initial proceedings.