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An individual was convicted on retrial of sexually assaulting Gisele Pelicot following she was rendered comatose by her then-husband – and received his incarceration period extended to a decade.

Retrial Proceedings

The defendant, 44, an out-of-work construction worker, who had appealed his initial guilty verdict last year, underwent a retrial this week at the Nîmes court of appeal.

A jury of nine jurors, joined by three judges, ruled against Dogan on Thursday of raping Pelicot in her home in southern France in the early hours of 29 June 2019.

The testimony revealed that Dogan, a family man, made contact with the victim's spouse, the husband, in an digital platform titled “without her knowledge”, where Pelicot was looking for men to enter his residence to assault his wife once he had rendered her unconscious into a deep sleep.

“We hope the court will affirm that in this country, fundamental rights are also rights of women – that permission is individual, not delegated,” stated Gisèle Pelicot’s lawyer, her legal representative. “Agreement is obtained directly and not by proxy from a spouse.”

Case History

Dominique Pelicot, one of the worst sexual predators in recent French history, was given a prison term to twenty years in prison last year for drugging his spouse and inviting dozens of men to sexually assault her in her home in the town of Mazan over a duration of nearly ten years of their marriage.

Dozens of additional defendants were found culpable in a widely publicized trial last year, and the appellant was the sole individual to appeal against his verdict. He was originally sentenced to 9 years in prison, a punishment increased on Thursday to 10 years.

The state's attorney, Dominique Sie, had stated he should serve 12 years, because he “stubbornly rejects to take any accountability”.

Testimony and Proof

Dogan had first sent Dominique Pelicot inappropriate pictures and then driven an hour from his village in the region to assault the victim, after informing his wife he was leaving, the testimony revealed.

Pelicot, who was brought from segregation in prison to briefly provide testimony at the hearing, stated to the court that Dogan had understood his wife had been “incapacitated” and he communicated to men by phone: “I seek someone to assault my wife after I’ve put her to sleep without her knowledge.”

The trial became a central issue for a wider discussion on rape culture in society as Dogan continued to say he was not guilty and had not engaged in violation, contending that because Gisèle Pelicot’s husband had welcomed him into the residence, his actions had been permissible.

The jury in the higher court was displayed visual proof of Gisèle Pelicot’s unconscious figure, comatose and snoring in a comatose state, while a grinning Dogan committed rape on several occasions over a period of what investigators stated was three and a half hours. The court official said she had been at risk of fatal outcome by asphyxiation. The state prosecution said there was absolute certainty that she had been unaware and had not consented.

Dogan's Claims

Dogan stated to the court the footage were simply “sexual encounters” and denied it was violation. He said what he did was “a sexual act”, not assault. He told the court: “I never raped.” He said Gisèle Pelicot’s husband had allowed him to the home, and therefore it was OK. He said he was deceived by the husband. “I tried to halt,” Dogan told the court. “I carried on because he reassured me.”

Inquired if he wanted to make a closing remarks to the court, Dogan said: “I did not intend to harm that lady.”

Survivor's Statement

Gisèle Pelicot, who was supported upon exiting the courtroom each day by onlookers assembled to stand with her, told the defendant in court: “You do not grasp. When will you acknowledge you raped me? It is unlawful to rape an unaware woman. How could I have give you permission? Never.”

Gisèle Pelicot, 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.”

Legal Commentary

The prosecutor, addressing the victim in court, said the defendant's failure to take blame showed that: “Guilt has not shifted. The community is possibly in the course of that, perhaps propelled by the collective awareness brought by the exposure of your ordeal.”

The prosecutor said the defendant's claims of non-guilt showed how societal tolerance was still common in society as part of “outdated” forms of “patriarchal control”. He said: “It is imperative to change rape culture to a ethos of permission.”

The prosecutor told the defendant: “While you deny it, it’s not just a individual, it’s an complete unpleasant social system that you are upholding.”

Biographical Details

Dogan was originated from Turkey and at the age of 5 came to the nation of France, where his father worked as a concierge. The court heard that his father was abusive and that the defendant began smoking cannabis aged 10. When Dogan was seventeen he was apprehended by police for selling narcotics and his parent forced him to leave the family house. He spent time in prison for drug dealing in his young adulthood and had worked as a builder but had undergone periods of being unhoused.

He was wed and had a child with a genetic condition, who he was the primary guardian for, as his wife worked in a educational cafeteria. The evidence showed his spouse did not know he had regular sexual encounters outside their union. His legal team said this was his way of coping with his challenging existence. The defendant had told a mental health expert that each year he looked for paid sex on his birthday. His lawyers told the court he had arthritis resulting from the stress of the initial proceedings.