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A man was convicted on higher court review of raping Gisèle Pelicot after she was rendered comatose by her husband – and has had his jail term extended to a decade.

Retrial Proceedings

The defendant, 44, an out-of-work construction worker, who had contested his first conviction last year, experienced a new trial this week at the appeals court in Nîmes.

A panel of five men and four women, sitting with three judges, found Dogan guilty on Thursday of sexually assaulting the victim in her home in Provence in the early hours of June 29, 2019.

The testimony revealed that the accused, a family man, made contact with Gisèle Pelicot’s husband at the time, the husband, in an internet forum called “without her knowledge”, where the husband was recruiting men to visit his house to assault his wife once he had drugged her into a deep sleep.

We expect the court will declare that in this country, human rights are also women’s rights – that agreement is personal, not given by another,” stated Gisèle Pelicot’s attorney, her legal representative. “Consent is obtained personally and not via a representative from a spouse.”

Case History

Dominique Pelicot, a notorious sexual predators in modern French history, was sentenced to twenty years in prison last year for sedating his wife at the time and inviting multiple perpetrators to rape her in her home in the town of Mazan over a span of nearly ten years of their union.

Fifty other men were found convicted in a high-profile trial last year, and the appellant was the only man to contest his verdict. He was first given a sentence to nine years in prison, a sentence raised on Thursday to 10 years.

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

Courtroom Details

Dogan had first sent Dominique Pelicot graphic images and then driven an hour from his town in Provence to rape Gisèle Pelicot, after informing his wife he was leaving, the evidence indicated.

The ex-husband, who was brought from solitary confinement in prison to temporarily provide testimony at the appeal trial, informed the court that the accused had been aware his wife had been “drugged” and he communicated to men by phone: “I seek someone to abuse my wife after I’ve put her to sleep unbeknownst to her.”

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

The panel in the higher court was displayed video evidence of the victim's unresponsive form, sedated and snoring in a unconscious condition, while a grinning the perpetrator performed assault multiple times over a timeframe of what authorities reported was 3.5 hours. The presiding judge said she had been at peril of fatal outcome by asphyxiation. The prosecution said there was absolute certainty that she had been incapacitated and had not agreed.

Accused's Testimony

The defendant told the court the footage were simply “sex scenes” and rejected it was assault. 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 OK. He said he was deceived by the husband. “I tried to halt,” Dogan stated to the court. “I continued because he persuaded me.”

Inquired if he wanted to make a closing remarks to the court, the defendant said: “I never wanted to injure that woman.”

Survivor's Statement

The victim, who was supported upon leaving court each day by crowds assembled to stand with her, said to Dogan in court: “You do not grasp. When will you admit you assaulted me? It is unlawful to assault an unconscious woman. When did I ever give you consent? Never.”

Gisèle Pelicot, seventy-two, became an international feminist hero after she gave up her right to privacy in the trial last year when she said: “The shame should shift.”

Legal Commentary

The prosecutor, turning to the victim in court, said Dogan’s unwillingness to take responsibility showed that: “Shame has not yet changed sides. Society is perhaps in the midst of that, maybe propelled by the collective awareness spurred by the revelation of your case.”

Sie said Dogan’s claims of innocence showed how rape culture was still common in society as part of “outdated” forms of “gender-based power”. He said: “We need to change the culture of violence to a ethos of permission.”

The prosecutor told the defendant: “As long as you reject it, it’s not just a person, it’s an entire unpleasant societal structure that you are supporting.”

Defendant's Background

The accused was originated from Turkey and at the age of five came to the nation of France, where his parent worked as a building manager. The evidence indicated that his father was aggressive and that Dogan began using drugs at the age of 10. When Dogan was 17 he was caught by authorities for drug trafficking and his father forced him to leave 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 being unhoused.

He was wed and had a child with special needs, who he was the main caregiver for, as his wife worked in a educational cafeteria. The court heard his spouse did not know he had regular extramarital activities outside their marriage. His legal team said this was his way of coping with his stressful life. The defendant had told a court psychologist that each year he sought commercial sex on his special day. His lawyers stated to the court he had arthritis triggered by the anxiety of the original case.