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A man was convicted on retrial of raping Gisele Pelicot after she was rendered comatose by her spouse – and received his incarceration period increased to 10 years.

Appeal Trial

The defendant, forty-four, an unemployed builder, who had challenged his first conviction last year, experienced a new trial this week at the Nîmes court of appeal.

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

The court heard that the accused, a married father, reached out to the victim's then husband, the husband, in an internet forum titled “without her consent”, where the husband was seeking men to enter his residence to rape his wife after he had sedated her into a deep sleep.

“We hope the court will say loud and clear that in this society, fundamental rights are also rights of women – that consent is personal, not given by another,” declared the victim's lawyer, Antoine Camus. “Permission is obtained directly and not by proxy from a husband.”

Case History

Dominique Pelicot, one of the worst sexual predators in France's contemporary records, was given a prison term 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 span of nearly ten years of their union.

Dozens of additional defendants were found guilty in a notable trial last year, and the appellant was the single defendant to appeal against his verdict. He was originally sentenced to 9 years in prison, a sentence raised on Thursday to a decade.

The chief 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 residence in Provence to rape the victim, after telling his wife he was stepping out, the court heard.

The ex-husband, who was transported from segregation in prison to briefly provide testimony at the retrial, informed the court that the accused had understood his wife had been “incapacitated” and he said to men by phone: “I seek someone to abuse my wife after I’ve put her to sleep without her consent.”

The proceedings became a focus point for a broader debate on societal attitudes in society as Dogan continued to assert he was not guilty and had not engaged in violation, contending that because the victim's husband had welcomed him into the room, his conduct had been justifiable.

The jury in the Nîmes appeals court was displayed visual proof of the victim's unresponsive form, sedated and snoring in a comatose state, while a smiling the perpetrator performed assault repeatedly over a period of what investigators stated was 3.5 hours. The presiding judge said she had been at risk of fatal outcome by asphyxiation. The prosecution said there was no question that she had been unaware and had not agreed.

Defendant's Statements

The defendant stated to the court the videos were simply “sexual encounters” and denied it was assault. He said what he did was “an intimate behavior”, not rape. He told the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had invited him to the house, and therefore it was OK. He said he was deceived by the husband. “I attempted to cease,” Dogan informed the court. “I proceeded because he persuaded me.”

Asked if he wanted to make a last words to the court, Dogan said: “I did not intend to harm that lady.”

Pelicot's Words

The victim, who was supported upon leaving court each day by onlookers present to support her, told Dogan in court: “You fail to comprehend. When will you acknowledge you assaulted me? It’s a crime to assault an unaware woman. At what point did I give you permission? Not once.”

Gisèle Pelicot, 72, became an international feminist hero after she gave up her right to anonymity in the trial last year when she said: “Guilt ought to transfer.”

Legal Commentary

The prosecutor, speaking to Gisèle Pelicot in court, said Dogan’s refusal to take accountability showed that: “Shame has not yet changed sides. Society is possibly in the process of that, perhaps driven by the collective awareness spurred by the exposure of your ordeal.”

The prosecutor said Dogan’s claims of innocence showed how rape culture was still common in society as part of “archaic” forms of “male domination”. He said: “We need to change rape culture to a ethos of permission.”

Sie said to the defendant: “While you reject it, it’s not just a woman, it’s an entire unpleasant social system that you are upholding.”

Defendant's Background

Dogan was born in the country of Turkey and at the age of five came to France, where his father worked as a concierge. The court heard that his parent was aggressive and that Dogan began consuming marijuana at the age of 10. When he was 17 he was apprehended by authorities for dealing drugs and his father forced him to leave the family house. He served time in prison for narcotics offenses in his twenties and had worked as a construction worker but had undergone periods of homelessness.

He was wed and had a son with Down’s syndrome, who he was the main caregiver for, as his spouse worked in a school canteen. The testimony revealed his wife did not know he had regular sexual encounters beyond their union. His defence said this was his way of coping with his challenging existence. Dogan had informed a court psychologist that annually he sought paid sex on his special day. His legal representatives stated to the court he had joint inflammation triggered by the anxiety of the initial proceedings.