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A man was declared guilty on retrial of sexually assaulting Gisele Pelicot following she was rendered comatose by her then-husband – and was given his prison sentence increased to 10 years.

Retrial Proceedings

Dogan, 44, an unemployed builder, who had challenged his initial guilty verdict last year, faced a new trial this week at the appeals court in Nîmes.

A jury of nine jurors, joined by three judges, ruled against Dogan on Thursday of raping the victim in her home in Provence in the morning of 29 June 2019.

The court heard that Dogan, a married father, reached out to the victim's spouse, Dominique Pelicot, in an online chatroom titled “unbeknownst to her”, where the husband was recruiting men to visit his house to rape his wife once he had rendered her unconscious into a comatose state.

We expect the panel will declare that in this country, human rights are also rights of women – that consent is individual, not delegated,” said Gisèle Pelicot’s attorney, her legal representative. “Consent is obtained directly and not by proxy from a spouse.”

Case History

Dominique Pelicot, one of the worst sex offenders in recent French history, was sentenced to two decades in prison last year for drugging his then wife and bringing in dozens of men to rape her in her home in the community of Mazan over a span of almost a decade of their marriage.

Fifty other men were found convicted in a high-profile trial last year, and Dogan was the single defendant to appeal against his verdict. He was initially given a sentence to nine years in prison, a sentence increased on Thursday to ten years.

The lead state prosecutor, the prosecutor, had stated he should serve 12 years, because he “stubbornly rejects to take any responsibility”.

Evidence Presented

The defendant had initially sent Dominique Pelicot sexually explicit photos and then driven an hour from his town in the region to assault Gisèle Pelicot, after telling his wife he was leaving, the testimony revealed.

The ex-husband, who was brought from segregation in prison to temporarily testify at the retrial, informed the court that Dogan had known his wife had been “sedated” and he said to men by phone: “I want someone to assault my wife after I’ve put her to sleep without her knowledge.”

The proceedings became a focus point for a larger conversation on rape culture in society as the defendant continued to claim he was not guilty and had not perpetrated assault, stating that because the victim's husband had invited him into the residence, his actions had been justifiable.

The jury in the higher court was shown video evidence of the victim's limp body, comatose and breathing heavily in a comatose state, while a smiling the perpetrator committed rape on several occasions over a period of what authorities reported was several hours. The presiding judge said she had been at risk of fatal outcome by suffocation. The prosecution said there was no doubt that she had been unconscious and had not given permission.

Accused's Testimony

The defendant stated to the court the recordings were simply “sexual encounters” and disputed it was violation. He said what he did was “an intimate behavior”, not rape. He declared the court: “I am innocent of assault.” He said the victim's husband had invited him to the residence, and therefore it was OK. He said he was influenced by the husband. “I attempted to cease,” Dogan stated to the court. “I proceeded because he reassured me.”

Inquired if he wanted to make a closing remarks to the court, the defendant said: “I had no desire to hurt that woman.”

Pelicot's Words

The victim, who was cheered upon departing the trial each day by supporters present to back her, told Dogan in court: “You do not grasp. When are you going to recognise you assaulted me? It is unlawful to rape an incapacitated woman. When did I ever give you consent? Never.”

Gisèle Pelicot, seventy-two, became an symbol of resistance after she relinquished her right to anonymity in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

The prosecutor, speaking to Gisèle Pelicot in court, said the defendant's refusal to take responsibility showed that: “Shame has not yet changed sides. The public is perhaps in the midst of that, maybe propelled by the societal understanding resulting from the revelation of your situation.”

The prosecutor said the defendant's claims of innocence showed how societal tolerance was still prevalent in society as part of “archaic” forms of “male domination”. He said: “It is imperative to change the culture of violence to a ethos of permission.”

The prosecutor addressed the defendant: “While you reject it, it’s not just a person, it’s an whole sordid social system that you are supporting.”

Biographical Details

The accused was originated from Turkey and at the age of 5 relocated to the nation of France, where his father worked as a concierge. The testimony revealed that his parent was aggressive and that Dogan began smoking cannabis at the age of 10. When he was seventeen he was caught by police for dealing drugs and his father evicted him the family house. He spent time in prison for trafficking in his young adulthood and had worked as a laborer but had faced periods of living on the streets.

He was married and had a son with special needs, who he was the principal carer for, as his wife worked in a educational cafeteria. The testimony revealed his wife did not know he had frequent extramarital activities beyond their marriage. His legal team said this was his strategy for managing with his challenging existence. The defendant had stated to a court psychologist that once a year he sought paid sex on his special day. His legal representatives stated to the court he had arthritis resulting from the pressure of the first trial.