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A defendant was declared guilty on higher court review of sexually assaulting Gisele Pelicot following she was rendered comatose by her spouse – and was given his incarceration period raised to ten years.

Appeal Trial

The defendant, forty-four, an out-of-work construction worker, who had appealed his initial guilty verdict last year, faced a retrial this week at the appeals court in Nîmes.

A panel of nine jurors, joined by three judges, found Dogan guilty on Thursday of raping the victim in her home in southern France in the morning of June 29, 2019.

The evidence showed that Dogan, a family man, reached out to Gisèle Pelicot’s then husband, Dominique Pelicot, in an digital platform titled “without her consent”, where Pelicot was looking for men to come to his home to assault his wife once he had rendered her unconscious into a unconscious state.

“We hope the panel will say loud and clear that in this society, fundamental rights are also rights of women – that agreement is individual, not transferred,” said the victim's attorney, Antoine Camus. “Agreement is obtained directly and not via a representative from a husband.”

Case History

The ex-husband, one of the worst sexual predators in recent French history, was sentenced to two decades in prison last year for drugging his wife at the time and soliciting numerous individuals to rape her in her home in the Provence village of the village of Mazan over a period of almost a decade of their union.

Numerous other individuals were found culpable in a notable trial last year, and Dogan was the single defendant to appeal against his sentence. He was first handed a term to nine years in prison, a sentence raised on Thursday to 10 years.

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

Testimony and Proof

Dogan had initially sent Dominique Pelicot graphic images and then traveled an hour from his village in the region to rape the victim, after notifying his wife he was leaving, the evidence indicated.

The ex-husband, who was transported from isolation in prison to briefly give evidence at the hearing, informed the court that Dogan had understood his wife had been “sedated” and he told to men by phone: “I seek someone to assault my wife after I’ve rendered her unconscious without her knowledge.”

The trial became a key topic for a larger conversation on rape culture in society as the defendant continued to say he was not guilty and had not perpetrated assault, arguing that because Gisèle Pelicot’s husband had welcomed him into the bedroom, his actions had been permissible.

The jury in the Nîmes appeals court was presented with visual proof of the victim's unresponsive form, comatose and snoring in a deep sleep, while a grinning Dogan committed rape multiple times over a period of what investigators stated was several hours. The judge said she had been at danger of fatal outcome by choking. The prosecution said there was no question that she had been incapacitated and had not given permission.

Dogan's Claims

The defendant informed the court the footage were simply “intimate moments” and denied it was violation. He said what he did was “a consensual activity”, not rape. He told the court: “I did not commit rape.” He said the victim's husband had brought him to the house, and therefore it was permissible. He said he was deceived by the husband. “I tried to halt,” the accused stated to the court. “I proceeded because he convinced me.”

Questioned if he wanted to make a closing remarks to the court, Dogan said: “I had no desire to injure that lady.”

Survivor's Statement

The survivor, who was cheered upon leaving court each day by onlookers present to back her, said to the defendant in court: “You fail to comprehend. When will you admit you assaulted me? It is illegal to rape an unconscious woman. When did I ever give you permission? At no time.”

Gisèle Pelicot, seventy-two, became an symbol of resistance after she relinquished her right to anonymity in the trial last year when she said: “Guilt ought to transfer.”

Legal Commentary

Sie, turning to the victim in court, said the defendant's unwillingness to take responsibility showed that: “The shame remains. Society is perhaps in the midst of that, maybe propelled by the societal understanding spurred by the publication of your case.”

The prosecutor said the defendant's claims of innocence showed how societal tolerance was still common in society as part of “outdated” forms of “male domination”. He said: “We need to change rape culture to a society based on agreement.”

Sie said to the defendant: “As long as you deny it, it’s not just a person, it’s an whole unpleasant societal structure that you are supporting.”

Biographical Details

The accused was born in the country of Turkey and at the age of 5 moved to France, where his father worked as a building manager. The court heard that his parent was abusive and that the defendant began consuming marijuana at the age of 10. When he was 17 he was apprehended by authorities for selling narcotics and his parent evicted him of home. He served time in prison for drug dealing in his early 20s and had worked as a construction worker but had undergone periods of being unhoused.

He was married and had a child with a genetic condition, who he was the main caregiver for, as his wife worked in a institution's dining hall. The testimony revealed his spouse did not know he had frequent sexual encounters beyond their union. His defence said this was his method of dealing with his difficult circumstances. The defendant had stated to a mental health expert that once a year he looked for paid sex on his birthday. His legal representatives informed the court he had a medical condition triggered by the pressure of the initial proceedings.