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An individual was convicted on appeal of sexually assaulting Gisèle Pelicot following she was rendered comatose by her then-husband – and received his prison sentence increased to 10 years.

Higher Court Case

Dogan, 44, an unemployed builder, who had appealed his first conviction last year, faced a new trial this week at the Nîmes court of appeal.

A jury of nine jurors, accompanied by three judges, found Dogan guilty on Thursday of raping Pelicot in her bedroom in the south of France in the morning of June 29, 2019.

The court heard that Dogan, a married father, reached out to Gisèle Pelicot’s then husband, the husband, in an internet forum named “without her knowledge”, where Pelicot was looking for men to come to his home to assault his wife once he had sedated her into a comatose state.

We expect the court will affirm that in this nation, fundamental rights are also rights of women – that consent is personal, not transferred,” said Gisèle Pelicot’s lawyer, her legal representative. “Agreement is secured personally and not through someone else from a husband.”

Case History

The ex-husband, one of the worst sex offenders in modern French history, was given a prison term to twenty years in prison last year for drugging his spouse and inviting numerous individuals to rape her in her home in the Provence village of Mazan over a span of nearly ten years of their union.

Numerous other individuals were found convicted in a widely publicized trial last year, and the appellant was the sole individual to appeal against his verdict. He was originally handed a term to nine years in prison, a sentence enhanced on Thursday to ten years.

The state's attorney, the prosecutor, had stated he should serve twelve years, because he “completely denies to take any responsibility”.

Courtroom Details

The defendant had initially sent the husband inappropriate pictures and then traveled an hour from his village in the region to rape Gisèle Pelicot, after informing his wife he was going out, the testimony revealed.

The ex-husband, who was brought from isolation in prison to briefly provide testimony at the hearing, informed the court that Dogan had known his wife had been “sedated” and he told to men by phone: “I’m looking for someone to abuse my wife after I’ve rendered her unconscious without her knowledge.”

The proceedings became a key topic for a wider discussion on societal attitudes in society as the defendant continued to claim he was blameless and had not committed rape, stating that because the victim's husband had invited him into the residence, his actions had been justifiable.

The jury in the higher court was shown visual proof of Gisèle Pelicot’s limp body, sedated and breathing heavily in a unconscious condition, while a smiling Dogan committed rape on several occasions over a timeframe of what authorities reported was several hours. The presiding judge said she had been at peril of death by asphyxiation. The state's case said there was no question that she had been unaware and had not given permission.

Defendant's Statements

The defendant stated to the court the footage were simply “sex scenes” and rejected it was violation. He said what he did was “an intimate behavior”, not rape. He stated the court: “I never raped.” He said Gisèle Pelicot’s husband had brought him to the home, and therefore it was permissible. He said he was manipulated by Dominique Pelicot. “I attempted to cease,” Dogan informed the court. “I continued because he convinced me.”

Questioned if he wanted to make a closing remarks to the court, the defendant said: “I never wanted to harm that lady.”

Pelicot's Words

The survivor, who was applauded upon departing the trial each day by supporters present to back her, addressed the defendant in court: “You fail to comprehend. When will you admit you violated me? It is illegal to rape an unaware woman. How could I have give you permission? At no time.”

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

Legal Commentary

The prosecutor, speaking to the victim in court, said the defendant's refusal to take accountability showed that: “Shame has not yet changed sides. The public is perhaps in the process of that, possibly motivated by the collective awareness spurred by the revelation of your case.”

Sie said the defendant's claims of blamelessness showed how societal tolerance was still prevalent in society as part of “archaic” forms of “gender-based power”. He said: “It is imperative to change the culture of violence to a culture of consent.”

Sie said to the defendant: “For as much as you deny it, it’s not just a individual, it’s an complete unpleasant social system that you are upholding.”

Biographical Details

Dogan was born in Turkey and at the age of five moved to France, where his father worked as a caretaker. The court heard that his parent was violent and that Dogan began consuming marijuana at the age of 10. When Dogan was 17 he was stopped by authorities for drug trafficking and his parent evicted him the family house. He was incarcerated in prison for drug dealing in his early 20s and had worked as a construction worker but had experienced periods of homelessness.

He was married and had a son with special needs, who he was the primary guardian for, as his spouse worked in a school canteen. The court heard his spouse did not know he had regular sexual encounters beyond their marriage. His defence said this was his strategy for managing with his difficult circumstances. Dogan had informed a court psychologist that each year he sought transactional encounters on his birthday. His legal representatives told the court he had joint inflammation resulting from the pressure of the original case.