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An individual was declared guilty on appeal of raping Gisele Pelicot following she was rendered comatose by her then-husband – and was given his prison sentence increased to a decade.

Retrial Proceedings

The defendant, forty-four, an unemployed builder, who had challenged his initial guilty verdict last year, faced a new trial this week at the appeals court in Nîmes.

A panel of nine jurors, sitting with three judges, found Dogan guilty on Thursday of sexually assaulting the victim in her home in the south of France in the early hours of 29 June 2019.

The evidence showed that the accused, a married father, reached out to the victim's husband at the time, the husband, in an digital platform called “without her consent”, where Pelicot was looking for men to visit his house to assault his wife once he had rendered her unconscious into a unconscious state.

We trust the court will declare that in this country, fundamental rights are also women’s rights – that agreement is personal, not transferred,” stated the victim's lawyer, her legal representative. “Permission is obtained directly and not through someone else from a spouse.”

Case History

Dominique Pelicot, among the most severe sex offenders in recent French history, was sentenced to twenty years in prison last year for incapacitating his then wife and soliciting dozens of men to sexually assault her in her home in the Provence village 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 single defendant to challenge his conviction. He was first given a sentence to nine years in prison, a sentence increased on Thursday to ten years.

The state's attorney, the prosecutor, had argued he should serve 12 years, because he “absolutely refuses to take any accountability”.

Evidence Presented

The defendant had initially sent the husband graphic images and then traveled an hour from his town in Provence to assault the victim, after informing his wife he was leaving, the evidence indicated.

Pelicot, who was brought from isolation in prison to briefly provide testimony at the retrial, stated to the court that the accused had been aware 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 courtroom became a focus point for a larger conversation on societal attitudes in society as Dogan continued to claim he was not guilty and had not engaged in violation, stating that because Gisèle Pelicot’s husband had welcomed him into the room, his actions had been permissible.

The panel in the higher court was presented with recorded footage of the victim's limp body, comatose and snoring in a unconscious condition, while a grinning Dogan engaged in violation repeatedly over a timeframe of what police said was three and a half hours. The judge said she had been at peril of fatal outcome by suffocation. The state prosecution said there was no doubt that she had been unconscious and had not consented.

Dogan's Claims

Dogan stated to the court the footage were simply “sex scenes” and disputed it was rape. He said what he did was “an intimate behavior”, not rape. He stated the court: “I am innocent of assault.” He said the victim's husband had allowed him to the home, and therefore it was OK. He said he was deceived by the husband. “I attempted to cease,” Dogan stated to the court. “I proceeded because he persuaded me.”

Questioned if he wanted to make a closing remarks to the court, the defendant said: “I did not intend to hurt that individual.”

Pelicot's Words

Gisèle Pelicot, who was applauded upon leaving court each day by supporters present to back her, told Dogan in court: “You haven’t understood. When will you admit you violated me? It is illegal to assault an unconscious woman. When did I ever give you consent? Never.”

The victim, 72, became an symbol of resistance after she relinquished her right to anonymity in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

The prosecutor, speaking to the victim in court, said Dogan’s unwillingness to take responsibility showed that: “Guilt has not shifted. Society is perhaps in the midst of that, possibly driven by the public consciousness resulting from the publication of your ordeal.”

The prosecutor said Dogan’s claims of blamelessness showed how normalized violence was still prevalent in society as part of “old-fashioned” forms of “gender-based power”. He said: “Now we must change rape culture to a ethos of permission.”

The prosecutor addressed Dogan: “As long as you deny it, it’s not just a person, it’s an whole disturbing societal structure that you are endorsing.”

Biographical Details

The accused was originated from Turkey and at the age of five came to France, where his parent worked as a caretaker. The testimony revealed that his parent was aggressive and that the defendant began using drugs aged 10. When Dogan was 17 he was stopped by authorities for selling narcotics and his parent evicted him the family house. He served time in prison for trafficking in his young adulthood and had worked as a builder but had faced periods of living on the streets.

He was married and had a child with a genetic condition, who he was the primary guardian for, as his wife worked in a educational cafeteria. The testimony revealed his wife did not know he had regular sexual encounters beyond their marriage. His legal team said this was his method of dealing with his challenging existence. The defendant had stated to a evaluator that each year he sought commercial sex on his special day. His lawyers told the court he had joint inflammation resulting from the stress of the original case.