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A defendant was declared guilty on appeal of raping Gisèle Pelicot following she was rendered comatose by her then-husband – and received his incarceration period raised to 10 years.

Higher Court Case

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

A jury of four women and five men, sitting with three judges, convicted Dogan on Thursday of sexually assaulting the victim in her residence in the south of France in the early hours of June 29, 2019.

The court heard that Dogan, a family man, connected with Gisèle Pelicot’s spouse, Dominique Pelicot, in an online chatroom called “without her consent”, where Pelicot was seeking men to come to his home to rape his wife once he had drugged her into a unconscious state.

We trust the panel will say loud and clear that in this country, human rights are also women’s rights – that permission is individual, not transferred,” said Gisèle Pelicot’s lawyer, her legal representative. “Permission is secured personally and not by proxy from a husband.”

Case History

The ex-husband, a notorious sexual predators in modern French history, was sentenced to 20 years in prison last year for sedating his then wife and inviting dozens of men to rape her in her home in the Provence village of the village of Mazan over a period of many years of their marriage.

Numerous other individuals were found culpable in a notable trial last year, and Dogan was the single defendant to appeal against his verdict. He was first given a sentence to 9 years in prison, a punishment increased on Thursday to a decade.

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

Courtroom Details

Dogan had first sent Dominique Pelicot inappropriate pictures and then driven an hour from his town in the region to rape Gisèle Pelicot, after informing his wife he was leaving, the court heard.

Pelicot, who was brought from segregation in prison to briefly provide testimony at the appeal trial, stated to the court that the accused had known his wife had been “sedated” and he communicated to men by phone: “I want someone to violate my wife after I’ve put her to sleep unbeknownst to her.”

The trial became a key topic for a larger conversation on societal attitudes in society as the defendant continued to say he was innocent and had not engaged in violation, stating that because Gisèle Pelicot’s husband had welcomed him into the room, his conduct had been acceptable.

The panel in the higher court was shown visual proof of Gisèle Pelicot’s limp body, unconscious and snoring in a comatose state, while a smiling Dogan engaged in violation on several occasions over a timeframe of what investigators stated was several hours. The judge said she had been at peril of death by suffocation. The prosecution said there was no question that she had been unconscious and had not consented.

Defendant's Statements

Dogan stated to the court the footage were simply “sexual encounters” and denied it was violation. He said what he did was “a consensual activity”, not assault. He declared the court: “I never raped.” He said the victim's husband had brought him to the residence, and therefore it was permissible. He said he was manipulated by Dominique Pelicot. “I attempted to cease,” the accused told the court. “I continued because he reassured me.”

Questioned if he wanted to make a last words to the court, the defendant said: “I had no desire to harm that individual.”

Pelicot's Words

The survivor, who was applauded upon leaving court each day by onlookers gathered to back her, told Dogan in court: “You fail to comprehend. When are you going to recognise you raped me? It’s a crime to assault an unconscious woman. At what point did I give you consent? Never.”

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

Prosecutor's Remarks

Sie, speaking to the victim in court, said Dogan’s unwillingness to take accountability showed that: “The shame remains. The public is maybe in the course of that, maybe propelled by the societal understanding resulting from the publication of your case.”

Sie said Dogan’s claims of blamelessness showed how rape culture was still widespread in society as part of “outdated” forms of “patriarchal control”. He said: “Now we must change the culture of violence to a ethos of permission.”

Sie told Dogan: “While you refuse to admit it, it’s not just a individual, it’s an complete sordid societal structure that you are upholding.”

Defendant's Background

Dogan was born in the country of Turkey and at the age of five came to France, where his parent worked as a caretaker. The evidence indicated that his parent was violent and that the defendant began smoking cannabis aged ten. When Dogan was seventeen he was caught by authorities for drug trafficking and his father evicted him the residence. He spent time in prison for trafficking in his young adulthood and had worked as a laborer but had experienced periods of homelessness.

He was married and had a son with Down’s syndrome, who he was the primary guardian for, as his spouse worked in a school canteen. The evidence showed his wife did not know he had regular extramarital activities beyond their union. His legal team said this was his strategy for managing with his challenging existence. The defendant had told a court psychologist that annually he looked for paid sex on his special day. His legal representatives informed the court he had arthritis triggered by the anxiety of the original case.