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An individual has been found guilty on higher court review of raping Gisele Pelicot following she was rendered comatose by her husband – and has had his incarceration period extended to a decade.

Appeal Trial

The defendant, 44, an out-of-work construction worker, who had contested his initial guilty verdict last year, underwent a appeal hearing this week at the Nîmes court of appeal.

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

The court heard that Dogan, a married father, connected with Gisèle Pelicot’s then husband, Dominique Pelicot, in an online chatroom named “unbeknownst to her”, where the husband was recruiting men to come to his home to rape his wife after he had sedated her into a comatose state.

We expect the court will declare that in this nation, human rights are also rights of women – that consent is personal, not given by another,” said Gisèle Pelicot’s attorney, her legal representative. “Permission is secured directly and not via a representative from a husband.”

Case History

The ex-husband, a notorious sexual predators in modern French history, was given a prison term to twenty years in prison last year for sedating his then wife and bringing in numerous individuals to rape her in her home in the community of Mazan over a period of many years of their marriage.

Fifty other men were found culpable in a high-profile trial last year, and the appellant was the sole individual to contest his verdict. He was originally given a sentence to 9 years in prison, a sentence increased on Thursday to a decade.

The lead state prosecutor, Dominique Sie, had stated he should serve 12 years, because he “absolutely refuses to take any responsibility”.

Evidence Presented

The defendant had initially sent Dominique Pelicot sexually explicit photos and then driven an hour from his residence in the region to assault the victim, after telling his wife he was stepping out, the court heard.

The ex-husband, who was transported from segregation in prison to temporarily give evidence at the appeal trial, informed the court that the accused had been aware his wife had been “sedated” and he said to men by phone: “I seek someone to assault my wife after I’ve put her to sleep unbeknownst to her.”

The courtroom became a central issue for a wider discussion on rape culture in society as the defendant continued to assert he was not guilty and had not committed rape, contending that because Gisèle Pelicot’s husband had allowed him into the residence, his actions had been justifiable.

The jury in the Nîmes appeals court was presented with recorded footage of the victim's limp body, unconscious and snoring in a unconscious condition, while a grinning the perpetrator engaged in violation multiple times over a period of what investigators stated was 3.5 hours. The presiding judge said she had been at risk of death by suffocation. The prosecution said there was no question that she had been incapacitated and had not consented.

Defendant's Statements

The defendant informed the court the recordings were simply “intimate moments” and denied it was assault. He said what he did was “a sexual act”, not rape. He declared the court: “I never raped.” He said the victim's husband had invited him to the residence, and therefore it was OK. He said he was influenced by Dominique Pelicot. “I wanted to stop,” the accused told the court. “I proceeded because he persuaded me.”

Questioned if he wanted to make a final statement to the court, Dogan said: “I did not intend to hurt that lady.”

Survivor's Statement

The survivor, who was cheered upon departing the trial each day by supporters present to back her, told the defendant in court: “You haven’t understood. When will you admit you assaulted me? It’s a crime to rape an unaware woman. How could I have give you agreement? Never.”

Gisèle Pelicot, 72, became an symbol of resistance after she waived her right to privacy in the trial last year when she said: “Guilt ought to transfer.”

State's Argument

Sie, turning to the victim in court, said the defendant's unwillingness to take accountability showed that: “Shame has not yet changed sides. The community is possibly in the course of that, maybe motivated by the societal understanding resulting from the exposure of your situation.”

Sie said Dogan’s claims of blamelessness showed how societal tolerance was still common in society as part of “archaic” forms of “patriarchal control”. He said: “We need to change the culture of violence to a ethos of permission.”

Sie told the defendant: “For as much as you refuse to admit it, it’s not just a person, it’s an whole disturbing social system that you are supporting.”

Defendant's Background

Dogan was born in the country of Turkey and at the age of 5 relocated to France, where his father worked as a caretaker. The evidence indicated that his parent was violent and that Dogan began using drugs at the age of 10. When Dogan was 17 he was apprehended by police for drug trafficking and his parent kicked him out the family house. He spent time in prison for narcotics offenses in his twenties and had worked as a laborer but had experienced periods of living on the streets.

He was married and had a son with Down’s syndrome, who he was the main caregiver for, as his wife worked in a school canteen. The court heard his spouse did not know he had regular extramarital activities beyond their marriage. His legal team said this was his method of dealing with his difficult circumstances. Dogan had informed a mental health expert that once a year he looked for paid sex on his birthday. His lawyers informed the court he had a medical condition resulting from the stress of the first trial.