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An individual was declared guilty on retrial of sexually assaulting Gisèle Pelicot after she was rendered comatose by her spouse – and has had his jail term increased to a decade.

Retrial Proceedings

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

A panel of five men and four women, joined by three judges, ruled against Dogan on Thursday of raping Pelicot in her residence in Provence in the early hours of 29 June 2019.

The testimony revealed that the accused, a married father, reached out to Gisèle Pelicot’s then husband, Dominique Pelicot, in an digital platform called “unbeknownst to her”, where the husband was looking for men to visit his house to rape his wife after he had drugged her into a comatose state.

We expect the jury will affirm that in this society, human rights are also women’s rights – that agreement is personal, not transferred,” stated the victim's attorney, her legal representative. “Permission is received directly and not via a representative from a spouse.”

Case History

Dominique Pelicot, among the most severe sexual predators in recent French history, was sentenced to two decades in prison last year for drugging his spouse and soliciting 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 high-profile trial last year, and Dogan was the sole individual to appeal against his verdict. He was initially sentenced to 9 years in prison, a punishment increased on Thursday to ten years.

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

Testimony and Proof

Dogan had first sent the husband graphic images and then traveled an hour from his residence in the region to assault the victim, after informing his wife he was leaving, the testimony revealed.

The ex-husband, who was brought from solitary confinement in prison to temporarily provide testimony at the appeal trial, stated to the court that the accused had understood his wife had been “sedated” and he communicated to men by phone: “I’m looking for someone to abuse my wife after I’ve put her to sleep without her knowledge.”

The proceedings became a focus point for a broader debate on sexual violence norms in society as the defendant continued to assert he was innocent and had not committed rape, arguing that because Gisèle Pelicot’s husband had welcomed him into the room, his behavior had been permissible.

The jury in the higher court was shown visual proof of Gisèle Pelicot’s limp body, comatose and breathing heavily in a comatose state, while a grinning the perpetrator performed assault on several occasions over a duration of what authorities reported was three and a half hours. The judge said she had been at danger of fatal outcome by asphyxiation. The prosecution said there was no doubt that she had been unconscious and had not consented.

Defendant's Statements

Dogan stated to the court the recordings were simply “intimate moments” and rejected it was violation. He said what he did was “a sexual act”, not assault. He declared the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had allowed him to the home, and therefore it was OK. He said he was deceived by the husband. “I wanted to stop,” the accused told the court. “I continued because he reassured me.”

Asked if he wanted to make a last words to the court, the defendant said: “I did not intend to harm that woman.”

Pelicot's Words

The survivor, who was cheered upon leaving court each day by crowds gathered to back her, said to the defendant in court: “You haven’t understood. When are you going to recognise you violated me? It is illegal to assault an incapacitated woman. How could I have give you agreement? Never.”

The victim, 72, became an global icon after she gave up her right to confidentiality in the trial last year when she said: “The shame should shift.”

State's Argument

The prosecutor, addressing the victim in court, said Dogan’s failure to take blame showed that: “The shame remains. Society is maybe in the process of that, maybe motivated by the societal understanding spurred by the exposure of your case.”

Sie said Dogan’s claims of blamelessness showed how societal tolerance was still widespread in society as part of “outdated” forms of “gender-based power”. He said: “We need to change rape culture to a culture of consent.”

Sie addressed Dogan: “For as much as you refuse to admit it, it’s not just a person, it’s an entire sordid cultural framework that you are upholding.”

Defendant's Background

Dogan was born in the country of Turkey and at the age of 5 moved to the nation of France, where his parent worked as a concierge. The testimony revealed that his parent was abusive and that Dogan began consuming marijuana at the age of 10. When Dogan was 17 he was apprehended by police for drug trafficking and his parent kicked him out the residence. He was incarcerated in prison for drug dealing in his early 20s and had worked as a construction worker but had faced periods of being unhoused.

He was wed and had a son with a genetic condition, who he was the main caregiver for, as his spouse worked in a institution's dining hall. The testimony revealed his wife did not know he had repeated extramarital activities outside their marriage. His defence said this was his strategy for managing with his stressful life. Dogan had stated to a evaluator that each year he engaged in paid sex on his birthday. His legal representatives informed the court he had arthritis caused by the pressure of the initial proceedings.