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A man was declared guilty on higher court review of sexually assaulting Gisèle Pelicot following she was rendered comatose by her then-husband – and received his incarceration period extended to ten years.

Appeal Trial

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

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

The evidence showed that the accused, a married father, connected with Gisèle Pelicot’s then husband, Dominique Pelicot, in an internet forum called “without her knowledge”, where the husband was seeking men to enter his residence to assault his wife once he had rendered her unconscious into a comatose state.

We trust the court will declare that in this society, fundamental rights are also women’s rights – that consent is individual, not delegated,” declared the victim's attorney, Antoine Camus. “Consent is secured personally and not through someone else from a spouse.”

Case History

Dominique Pelicot, one of the worst sex offenders in France's contemporary records, was sentenced to 20 years in prison last year for drugging his then wife and bringing in dozens of men to rape her in her home in the town of the village of Mazan over a duration of many years of their marriage.

Numerous other individuals were found culpable in a notable trial last year, and Dogan was the only man to contest his sentence. He was originally sentenced to 9 years in prison, a penalty raised on Thursday to 10 years.

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

Evidence Presented

Dogan had first sent Dominique Pelicot graphic images and then traveled an hour from his town in Provence to assault Gisèle Pelicot, after notifying his wife he was going out, the court heard.

The ex-husband, who was transported from segregation in prison to briefly testify at the hearing, informed the court that Dogan had known his wife had been “incapacitated” and he communicated to men by phone: “I seek someone to violate my wife after I’ve put her to sleep unbeknownst to her.”

The trial became a focus point for a larger conversation on rape culture in society as the defendant continued to assert he was blameless and had not committed rape, stating that because the victim's husband had welcomed him into the residence, his conduct had been justifiable.

The jury in the Nîmes appeals court was displayed recorded footage of the victim's unresponsive form, unconscious and breathing heavily in a deep sleep, while a smiling the perpetrator performed assault repeatedly over a duration of what police said was three and a half hours. The judge said she had been at risk of fatal outcome by asphyxiation. The state prosecution said there was absolute certainty that she had been unconscious and had not consented.

Dogan's Claims

Dogan informed the court the videos were simply “sex scenes” and denied it was violation. He said what he did was “an intimate behavior”, not rape. He declared the court: “I never raped.” He said the victim's husband had brought him to the home, and therefore it was permissible. He said he was manipulated by the husband. “I wanted to stop,” Dogan told the court. “I carried on because he persuaded me.”

Asked if he wanted to make a final statement to the court, Dogan said: “I had no desire to hurt that individual.”

Survivor's Statement

The survivor, who was supported upon exiting the courtroom each day by onlookers gathered to back her, addressed Dogan in court: “You do not grasp. When will you admit you raped me? It is illegal to rape an unaware woman. When did I ever give you permission? At no time.”

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

Prosecutor's Remarks

Sie, turning to the victim in court, said the defendant's unwillingness to take blame showed that: “Guilt has not shifted. The public is maybe in the course of that, possibly propelled by the societal understanding brought by the exposure of your situation.”

The prosecutor said Dogan’s claims of blamelessness showed how rape culture was still prevalent in society as part of “old-fashioned” forms of “male domination”. He said: “Now we must change rape culture to a culture of consent.”

The prosecutor addressed Dogan: “For as much as you deny it, it’s not just a individual, it’s an whole unpleasant cultural framework that you are supporting.”

Personal History

Dogan was originated from Turkey and at the age of 5 relocated to the nation of France, where his father worked as a caretaker. The testimony revealed that his parent was abusive and that Dogan began consuming marijuana aged 10. When he was seventeen he was caught by authorities for dealing drugs and his father evicted him of home. He was incarcerated in prison for trafficking in his young adulthood and had worked as a construction worker but had undergone periods of living on the streets.

He was married and had a son with Down’s syndrome, who he was the primary guardian for, as his wife worked in a institution's dining hall. The court heard his spouse did not know he had regular sexual encounters beyond their marriage. His legal team said this was his strategy for managing with his challenging existence. Dogan had stated to a mental health expert that annually he looked for paid sex on his special day. His legal representatives informed the court he had arthritis caused by the pressure of the original case.