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A man was convicted on appeal of raping Gisele Pelicot following she was rendered comatose by her then-husband – and has had his jail term increased to 10 years.

Retrial Proceedings

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

A jury of four women and five men, accompanied by three judges, convicted Dogan on Thursday of sexually assaulting Pelicot in her bedroom in Provence in the morning of June 29, 2019.

The court heard that Dogan, a family man, connected with Gisèle Pelicot’s spouse, the husband, in an internet forum titled “without her consent”, where the husband was recruiting men to visit his house to assault his wife after he had rendered her unconscious into a unconscious state.

We trust the panel will affirm that in this country, fundamental rights are also rights of women – that consent is personal, not given by another,” said Gisèle Pelicot’s lawyer, Antoine Camus. “Consent is secured directly and not via a representative from a spouse.”

Case History

Dominique Pelicot, one of the worst sexual predators in modern French history, was sentenced to two decades in prison last year for drugging his spouse and bringing in numerous individuals to sexually assault her in her home in the Provence village of Mazan over a duration of many years of their union.

Fifty other men were found guilty in a high-profile trial last year, and Dogan was the single defendant to contest his verdict. He was originally handed a term to nine years in prison, a punishment raised on Thursday to 10 years.

The state's attorney, Dominique Sie, had stated he should serve twelve years, because he “absolutely refuses to take any responsibility”.

Courtroom Details

Dogan had first sent the husband inappropriate pictures and then driven an hour from his village in the region to rape the victim, after informing his wife he was leaving, the evidence indicated.

Pelicot, who was brought from isolation in prison to temporarily provide testimony at the appeal trial, told the court that Dogan had known his wife had been “incapacitated” and he said to men by phone: “I’m looking for someone to assault my wife after I’ve put her to sleep without her consent.”

The proceedings became a focus point for a wider discussion on rape culture in society as the defendant continued to assert he was innocent and had not committed rape, contending that because the victim's husband had allowed him into the residence, his actions had been permissible.

The jury in the higher court was shown video evidence of the victim's unresponsive form, sedated and snoring in a comatose state, while a smiling Dogan engaged in violation repeatedly over a period of what authorities reported was 3.5 hours. The judge said she had been at risk of death by asphyxiation. The state's case said there was no doubt that she had been incapacitated and had not agreed.

Defendant's Statements

Dogan informed the court the recordings were simply “sexual encounters” and disputed it was violation. He said what he did was “an intimate behavior”, not assault. He told the court: “I never raped.” He said Gisèle Pelicot’s husband had invited him to the residence, and therefore it was permissible. He said he was deceived by Dominique Pelicot. “I wanted to stop,” the accused stated to the court. “I proceeded because he convinced me.”

Questioned if he wanted to make a final statement to the court, the defendant said: “I never wanted to injure that lady.”

Victim's Response

Gisèle Pelicot, who was supported upon exiting the courtroom each day by supporters gathered to stand with her, said to Dogan in court: “You haven’t understood. When will you admit you assaulted me? It is unlawful to assault an unconscious woman. When did I ever give you agreement? Not once.”

The victim, seventy-two, became an global icon after she waived her right to anonymity in the trial last year when she said: “Guilt ought to transfer.”

Legal Commentary

Sie, turning to the victim in court, said the defendant's refusal to take accountability showed that: “Shame has not yet changed sides. The community is possibly in the course of that, perhaps propelled by the public consciousness spurred by the exposure of your case.”

The prosecutor said the defendant's claims of innocence showed how rape culture was still common in society as part of “old-fashioned” forms of “patriarchal control”. He said: “Now we must change the culture of violence to a society based on agreement.”

Sie said to the defendant: “For as much as you refuse to admit it, it’s not just a woman, it’s an entire sordid social system that you are supporting.”

Personal History

Dogan was originated from Turkey and at the age of 5 relocated to France, where his parent worked as a building manager. The court heard that his parent was aggressive and that Dogan began using drugs at the age of ten. When he was 17 he was caught by police for dealing drugs and his father kicked him out of home. He was incarcerated in prison for narcotics offenses in his early 20s and had worked as a builder but had faced periods of homelessness.

He was wed and had a son with Down’s syndrome, who he was the primary guardian for, as his wife worked in a educational cafeteria. The evidence showed his wife did not know he had frequent sexual encounters outside their union. His defence said this was his method of dealing with his difficult circumstances. Dogan had told a court psychologist that once a year he engaged in paid sex on his birthday. His legal representatives told the court he had a medical condition triggered by the stress of the initial proceedings.