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A man was convicted on higher court review of raping Gisèle Pelicot after she was rendered comatose by her husband – and received his incarceration period raised to 10 years.

Appeal Trial

Dogan, forty-four, an out-of-work construction worker, who had contested his first conviction last year, experienced a appeal hearing this week at the Nîmes court of appeal.

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

The court heard that Dogan, a family man, reached out to Gisèle Pelicot’s then husband, the husband, in an internet forum called “without her knowledge”, where Pelicot was looking for men to visit his house to rape his wife after he had drugged her into a comatose state.

“We hope the jury will declare that in this country, human rights are also rights of women – that consent is individual, not transferred,” said Gisèle Pelicot’s lawyer, Antoine Camus. “Agreement is received directly and not via a representative from a husband.”

Case History

Dominique Pelicot, a notorious sex offenders in recent French history, was sentenced to 20 years in prison last year for drugging his then wife and soliciting numerous individuals to rape her in her home in the Provence village of Mazan over a span of almost a decade of their union.

Numerous other individuals were found guilty in a notable trial last year, and Dogan was the single defendant to challenge his conviction. He was originally handed a term to nine years in prison, a penalty increased on Thursday to 10 years.

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

Testimony and Proof

The defendant had initially sent Dominique Pelicot sexually explicit photos and then traveled an hour from his village in the region to assault Gisèle Pelicot, after informing his wife he was leaving, the evidence indicated.

Pelicot, who was brought from solitary confinement in prison to briefly give evidence at the retrial, informed the court that the accused had known his wife had been “sedated” and he told to men by phone: “I’m looking for someone to assault my wife after I’ve rendered her unconscious unbeknownst to her.”

The courtroom 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, arguing that because the victim's husband had invited him into the residence, his conduct had been justifiable.

The panel in the Nîmes appeals court was shown recorded footage of Gisèle Pelicot’s limp body, sedated and snoring in a unconscious condition, while a grinning the perpetrator performed assault multiple times over a timeframe of what authorities reported was 3.5 hours. The judge said she had been at peril of fatal outcome by choking. The prosecution said there was absolute certainty that she had been incapacitated and had not consented.

Dogan's Claims

Dogan informed the court the recordings were simply “sex scenes” and denied it was assault. He said what he did was “a sexual act”, not assault. He told the court: “I am innocent of assault.” He said the victim's husband had allowed him to the house, and therefore it was permissible. He said he was influenced by Dominique Pelicot. “I tried to halt,” the accused stated to the court. “I proceeded because he reassured me.”

Asked if he wanted to make a closing remarks to the court, Dogan said: “I never wanted to injure that woman.”

Pelicot's Words

Gisèle Pelicot, who was applauded upon departing the trial each day by onlookers assembled to support her, told Dogan in court: “You haven’t understood. When are you going to recognise you violated me? It’s a crime to assault an incapacitated woman. At what point did I give you consent? Never.”

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

Legal Commentary

The prosecutor, speaking to the victim in court, said the defendant's failure to take responsibility showed that: “Guilt has not shifted. The public is maybe in the course of that, maybe motivated by the societal understanding spurred by the publication of your case.”

Sie said the defendant's claims of innocence showed how societal tolerance was still common in society as part of “old-fashioned” forms of “male domination”. He said: “It is imperative to change the culture of violence to a culture of consent.”

The prosecutor told Dogan: “For as much as you deny it, it’s not just a person, it’s an entire disturbing societal structure that you are endorsing.”

Personal History

The accused was originated from the country of Turkey and at the age of five moved to France, where his parent worked as a concierge. The testimony revealed that his parent was abusive and that Dogan began consuming marijuana aged 10. When Dogan was seventeen he was apprehended by police for dealing drugs and his parent kicked him out the family house. He spent time in prison for drug dealing in his twenties and had worked as a builder but had experienced periods of living on the streets.

He was wed and had a child with a genetic condition, 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 frequent intimate relations beyond their union. His legal team said this was his strategy for managing with his stressful life. The defendant had told a mental health expert that once a year he sought commercial sex on his birthday. His legal representatives stated to the court he had arthritis resulting from the anxiety of the first trial.