🔗 Share this article

A defendant was convicted on retrial of sexually assaulting Gisele Pelicot after she was rendered comatose by her husband – and has had his prison sentence raised to 10 years.

Appeal Trial

Dogan, 44, an unemployed builder, who had contested his first conviction last year, underwent a new trial this week at the Nîmes court of appeal.

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

The evidence showed that Dogan, a married father, reached out to the victim's husband at the time, the husband, in an digital platform titled “without her knowledge”, where Pelicot was recruiting men to enter his residence to rape his wife once he had drugged her into a comatose state.

We trust the jury will affirm that in this nation, fundamental rights are also rights of women – that permission is personal, not given by another,” said the victim's attorney, her legal representative. “Consent is received personally and not by proxy from a spouse.”

Case History

Dominique Pelicot, a notorious sex offenders in France's contemporary records, was sentenced to 20 years in prison last year for incapacitating his wife at the time and soliciting dozens of men to rape her in her home in the town of Mazan over a period of nearly ten years of their marriage.

Numerous other individuals were found culpable in a notable trial last year, and the appellant was the single defendant to appeal against his verdict. He was originally given a sentence to 9 years in prison, a penalty increased on Thursday to 10 years.

The chief prosecutor, Dominique Sie, had contended he should serve 12 years, because he “absolutely refuses to take any responsibility”.

Courtroom Details

Dogan had first sent the husband sexually explicit photos and then driven an hour from his residence in the region to rape the victim, after telling his wife he was leaving, the testimony revealed.

Pelicot, who was brought from isolation in prison to briefly testify at the hearing, told the court that Dogan had been aware his wife had been “drugged” and he told to men by phone: “I seek someone to assault my wife after I’ve rendered her unconscious unbeknownst to her.”

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

The panel in the higher court was shown video evidence of Gisèle Pelicot’s limp body, sedated and breathing heavily in a deep sleep, while a grinning Dogan committed rape repeatedly over a duration of what investigators stated was three and a half hours. The court official said she had been at peril of fatal outcome by asphyxiation. The prosecution said there was no doubt that she had been incapacitated and had not agreed.

Defendant's Statements

The defendant informed the court the footage were simply “sexual encounters” and disputed it was violation. He said what he did was “an intimate behavior”, not assault. He told the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had allowed him to the house, and therefore it was OK. He said he was deceived by Dominique Pelicot. “I wanted to stop,” the accused told the court. “I carried on because he convinced me.”

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

Survivor's Statement

The survivor, who was cheered upon departing the trial each day by onlookers assembled to support her, said to Dogan in court: “You haven’t understood. When are you going to recognise you assaulted me? It’s a crime to rape an unaware woman. At what point did I give you consent? At no time.”

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

Prosecutor's Remarks

The prosecutor, addressing the victim in court, said Dogan’s failure to take accountability showed that: “Shame has not yet changed sides. Society is maybe in the midst of that, maybe propelled by the public consciousness spurred by the exposure of your case.”

The prosecutor said Dogan’s claims of non-guilt showed how normalized violence was still common in society as part of “old-fashioned” forms of “gender-based power”. He said: “We need to change rape culture to a culture of consent.”

Sie addressed Dogan: “For as much as you refuse to admit it, it’s not just a individual, it’s an complete disturbing social system that you are supporting.”

Biographical Details

The accused was born in Turkey and at the age of five relocated to France, where his parent worked as a concierge. The testimony revealed that his father was aggressive and that the defendant began smoking cannabis at the age of 10. When Dogan was 17 he was stopped by police for drug trafficking and his father forced him to leave of home. He spent time in prison for narcotics offenses in his early 20s and had worked as a construction worker but had experienced periods of living on the streets.

He was wed and had a child with special needs, who he was the primary guardian for, as his spouse worked in a institution's dining hall. The court heard his spouse did not know he had regular sexual encounters outside their marriage. His defence said this was his way of coping with his stressful life. The defendant had informed a court psychologist that annually he looked for paid sex on his special day. His lawyers stated to the court he had joint inflammation caused by the stress of the initial proceedings.