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An individual was convicted on appeal of raping Gisele Pelicot following she was rendered comatose by her then-husband – and received his jail term raised to 10 years.

Retrial Proceedings

Dogan, 44, an unemployed builder, who had appealed his first conviction last year, experienced a appeal hearing this week at the appeals court in Nîmes.

A panel of nine jurors, joined by three judges, ruled against Dogan on Thursday of sexually assaulting Pelicot in her residence in southern France in the morning of June 29, 2019.

The court heard that the accused, a family man, made contact with Gisèle Pelicot’s spouse, Dominique Pelicot, in an digital platform called “without her knowledge”, where Pelicot was looking for men to visit his house to rape his wife once he had drugged her into a unconscious state.

“We hope the jury will say loud and clear that in this nation, fundamental rights are also rights of women – that permission is personal, not given by another,” declared the victim's attorney, Antoine Camus. “Consent is secured personally and not through someone else from a husband.”

Case History

Dominique Pelicot, a notorious sex offenders in recent French history, was sentenced to two decades in prison last year for drugging his then wife and bringing in multiple perpetrators to sexually assault her in her home in the Provence village of the village of Mazan over a period of almost a decade of their marriage.

Fifty other men were found guilty in a widely publicized trial last year, and the appellant was the single defendant to challenge his verdict. He was first sentenced to nine years in prison, a punishment increased on Thursday to 10 years.

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

Courtroom Details

Dogan had initially sent Dominique Pelicot graphic images and then driven an hour from his town in Provence to rape Gisèle Pelicot, after informing his wife he was going out, the court heard.

The ex-husband, who was transported from solitary confinement in prison to temporarily provide testimony at the hearing, told the court that the accused had been aware his wife had been “sedated” and he said to men by phone: “I’m looking for someone to assault my wife after I’ve put her to sleep without her consent.”

The trial became a key topic for a broader debate on sexual violence norms in society as Dogan continued to say he was innocent and had not committed rape, stating that because Gisèle Pelicot’s husband had allowed him into the bedroom, his behavior had been permissible.

The jury in the Nîmes appeals court was displayed video evidence of Gisèle Pelicot’s unresponsive form, unconscious and breathing heavily in a unconscious condition, while a grinning the perpetrator committed rape multiple times over a duration of what police said was three and a half hours. The presiding judge said she had been at danger of death by choking. The prosecution said there was no doubt that she had been incapacitated and had not given permission.

Accused's Testimony

Dogan informed the court the footage were simply “sexual encounters” and rejected it was assault. He said what he did was “a sexual act”, not rape. He told the court: “I am innocent of assault.” He said the victim's husband had invited him to the house, and therefore it was OK. He said he was influenced by the husband. “I wanted to stop,” the accused informed the court. “I continued because he reassured me.”

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

Victim's Response

The victim, who was cheered upon departing the trial each day by onlookers present to stand with her, told Dogan in court: “You haven’t understood. When will you admit you raped me? It is unlawful to rape an unconscious woman. How could I have give you consent? Not once.”

The victim, 72, became an symbol of resistance after she gave up her right to confidentiality in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

Sie, addressing Gisèle Pelicot in court, said the defendant's refusal to take blame showed that: “The shame remains. The community is maybe in the process of that, perhaps driven by the societal understanding brought by the publication of your ordeal.”

Sie said the defendant's claims of blamelessness showed how rape culture was still common in society as part of “old-fashioned” forms of “gender-based power”. He said: “Now we must change the culture of violence to a society based on agreement.”

Sie addressed Dogan: “As long as you reject it, it’s not just a individual, it’s an whole disturbing social system that you are supporting.”

Defendant's Background

The accused was born in the country of Turkey and at the age of 5 came to France, where his father worked as a building manager. The testimony revealed that his parent was abusive and that the defendant began consuming marijuana aged ten. When he was 17 he was caught by authorities for selling narcotics and his father evicted him the family house. He spent time in prison for trafficking in his early 20s and had worked as a laborer but had experienced periods of homelessness.

He was married and had a son with a genetic condition, who he was the main caregiver for, as his wife worked in a institution's dining hall. The testimony revealed his wife did not know he had repeated intimate relations beyond their union. His legal team said this was his strategy for managing with his difficult circumstances. Dogan had told a evaluator that annually he engaged in paid sex on his special day. His attorneys informed the court he had arthritis triggered by the pressure of the original case.