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A man was declared guilty on higher court review of sexually assaulting Gisele Pelicot after she was rendered comatose by her spouse – and has had his incarceration period increased to 10 years.

Higher Court Case

Dogan, 44, an unemployed builder, who had challenged his initial guilty verdict last year, experienced a appeal hearing this week at the Nîmes court of appeal.

A jury of nine jurors, accompanied by three judges, convicted Dogan on Thursday of sexually assaulting the victim in her residence in Provence in the early hours of June 29, 2019.

The testimony revealed that the accused, a family man, reached out to the victim's husband at the time, Dominique Pelicot, in an internet forum called “unbeknownst to her”, where Pelicot was seeking men to visit his house to rape his wife once he had sedated her into a comatose state.

We trust the court will say loud and clear that in this country, fundamental rights are also rights of women – that agreement is individual, not delegated,” said the victim's lawyer, her legal representative. “Consent is obtained personally and not through someone else from a husband.”

Case History

The ex-husband, a notorious sex offenders in modern French history, was sentenced to two decades in prison last year for sedating his then wife and bringing in numerous individuals to sexually assault her in her home in the community of the village of Mazan over a duration of many years of their marriage.

Dozens of additional defendants were found convicted in a high-profile trial last year, and Dogan was the only man to contest his sentence. He was initially given a sentence to 9 years in prison, a penalty raised on Thursday to ten years.

The chief prosecutor, the prosecutor, had stated he should serve 12 years, because he “completely denies to take any blame”.

Courtroom Details

The defendant had initially sent Dominique Pelicot graphic images and then driven an hour from his residence in Provence to rape Gisèle Pelicot, after notifying his wife he was going out, the court heard.

The ex-husband, who was transported from segregation in prison to temporarily testify at the hearing, informed the court that Dogan had understood his wife had been “drugged” and he communicated to men by phone: “I’m looking for someone to violate my wife after I’ve sedated her without her consent.”

The trial became a key topic for a larger conversation on societal attitudes in society as the defendant continued to claim he was blameless and had not perpetrated assault, arguing that because Gisèle Pelicot’s husband had welcomed him into the room, his conduct had been permissible.

The panel in the higher court was presented with visual proof of the victim's unconscious figure, comatose and breathing heavily in a comatose state, while a smiling the perpetrator committed rape multiple times over a timeframe of what investigators stated was several hours. The presiding judge said she had been at peril of death by choking. The prosecution said there was no question that she had been incapacitated and had not agreed.

Accused's Testimony

Dogan stated to the court the videos were simply “intimate moments” and denied it was rape. He said what he did was “a consensual activity”, not assault. He told the court: “I did not commit rape.” He said the victim's husband had invited him to the home, and therefore it was permissible. He said he was influenced by the husband. “I tried to halt,” Dogan stated to the court. “I proceeded because he convinced me.”

Inquired if he wanted to make a last words to the court, the defendant said: “I never wanted to hurt that woman.”

Pelicot's Words

The survivor, who was cheered upon departing the trial each day by crowds gathered to back her, addressed the defendant in court: “You fail to comprehend. When will you admit you assaulted me? It’s a crime to rape an unconscious woman. When did I ever give you permission? Never.”

The victim, 72, became an international feminist hero after she gave up her right to confidentiality in the trial last year when she said: “The shame should shift.”

Legal Commentary

The prosecutor, speaking to Gisèle Pelicot in court, said Dogan’s unwillingness to take blame showed that: “The shame remains. The community is perhaps in the midst of that, perhaps motivated by the collective awareness brought by the publication of your ordeal.”

The prosecutor said the defendant's claims of innocence showed how rape culture was still prevalent in society as part of “outdated” forms of “patriarchal control”. He said: “It is imperative to change the culture of violence to a ethos of permission.”

Sie told Dogan: “As long as you deny it, it’s not just a woman, it’s an whole disturbing social system that you are supporting.”

Defendant's Background

The accused was born in the country of Turkey and at the age of 5 relocated to the nation of France, where his father worked as a building manager. The testimony revealed that his father was abusive and that the defendant began smoking cannabis aged ten. When he was seventeen he was apprehended by authorities for dealing drugs and his father evicted him the family house. He spent time in prison for narcotics offenses in his twenties and had worked as a laborer but had faced periods of homelessness.

He was wed and had a child with a genetic condition, who he was the principal carer for, as his spouse worked in a school canteen. The testimony revealed his wife did not know he had regular intimate relations outside their marriage. His legal team said this was his way of coping with his challenging existence. Dogan had stated to a evaluator that each year he looked for transactional encounters on his special day. His lawyers stated to the court he had joint inflammation resulting from the pressure of the first trial.