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A defendant has been found guilty on higher court review of sexually assaulting Gisele Pelicot following she was rendered comatose by her spouse – and has had his jail term increased to 10 years.

Appeal Trial

The defendant, 44, an unemployed builder, who had appealed his initial guilty verdict last year, experienced a appeal hearing this week at the higher court in Nîmes.

A jury of five men and four women, joined by three judges, ruled against Dogan on Thursday of raping the victim in her home in the south of France in the early hours of 29 June 2019.

The court heard that the accused, a married father, reached out to Gisèle Pelicot’s then husband, the husband, in an internet forum called “without her consent”, where the husband was recruiting men to come to his home to assault his wife once he had sedated her into a deep sleep.

“We hope the court will say loud and clear that in this country, human rights are also women’s rights – that agreement is individual, not delegated,” stated Gisèle Pelicot’s attorney, her legal representative. “Permission is obtained directly and not via a representative from a husband.”

Case History

The husband, one of the worst sexual predators in modern French history, was given a prison term to twenty years in prison last year for incapacitating his wife at the time and inviting 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 marriage.

Fifty other men were found convicted in a notable trial last year, and the appellant was the only man to contest his sentence. He was originally handed a term to 9 years in prison, a punishment raised on Thursday to ten years.

The lead state prosecutor, the prosecutor, had argued he should serve 12 years, because he “stubbornly rejects to take any blame”.

Courtroom Details

The defendant had initially sent Dominique Pelicot graphic images and then traveled an hour from his village in Provence to rape the victim, after telling his wife he was leaving, the court heard.

The ex-husband, who was transported from segregation in prison to temporarily give evidence at the retrial, informed the court that the accused had been aware his wife had been “incapacitated” and he told to men by phone: “I’m looking for someone to violate my wife after I’ve rendered her unconscious unbeknownst to her.”

The trial became a central issue for a wider discussion on rape culture in society as the defendant continued to assert he was blameless and had not committed rape, stating that because the victim's husband had welcomed him into the bedroom, his conduct had been acceptable.

The panel in the higher court was shown video evidence of Gisèle Pelicot’s unresponsive form, comatose and breathing heavily in a comatose state, while a smiling Dogan performed assault repeatedly over a duration of what authorities reported was several hours. The court official said she had been at peril of fatal outcome by choking. The state's case said there was no doubt that she had been incapacitated and had not given permission.

Defendant's Statements

Dogan stated to the court the videos were simply “intimate moments” and denied it was assault. 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 residence, and therefore it was permissible. He said he was influenced by the husband. “I tried to halt,” Dogan stated to the court. “I carried on because he convinced me.”

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

Victim's Response

The victim, who was cheered upon leaving court each day by crowds gathered to back her, addressed Dogan in court: “You haven’t understood. When are you going to recognise you assaulted me? It is unlawful to rape an unaware woman. When did I ever give you permission? At no time.”

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

Legal Commentary

The prosecutor, speaking to Gisèle Pelicot in court, said Dogan’s refusal to take blame showed that: “Shame has not yet changed sides. The community is possibly in the process of that, perhaps driven by the public consciousness spurred by the publication of your ordeal.”

The prosecutor said the defendant's claims of innocence showed how rape culture was still widespread in society as part of “archaic” forms of “male domination”. He said: “It is imperative to change the culture of violence to a society based on agreement.”

Sie said to Dogan: “For as much as you refuse to admit it, it’s not just a person, it’s an whole sordid social system that you are supporting.”

Defendant's Background

The accused was born in the country of Turkey and at the age of 5 came to the nation of France, where his father worked as a building manager. The testimony revealed that his father was violent and that the defendant began consuming marijuana aged 10. When he was 17 he was stopped by authorities for drug trafficking and his father kicked him out the family house. He spent time in prison for drug dealing in his early 20s and had worked as a laborer but had faced periods of homelessness.

He was wed and had a son with special needs, who he was the primary guardian for, as his wife worked in a educational cafeteria. The court heard his spouse did not know he had frequent extramarital activities outside their union. His legal team said this was his way of coping with his stressful life. Dogan had stated to a court psychologist that once a year he looked for paid sex on his birthday. His legal representatives informed the court he had arthritis caused by the anxiety of the original case.