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A man has been found guilty on appeal of sexually assaulting Gisele Pelicot after she was rendered comatose by her then-husband – and was given his incarceration period raised to 10 years.

Appeal Trial

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

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

The evidence showed that the accused, a married father, connected with the victim's husband at the time, the husband, in an digital platform named “unbeknownst to her”, where the husband was recruiting men to enter his residence to rape his wife once he had sedated her into a deep sleep.

“We hope the jury will say loud and clear that in this nation, fundamental rights are also women’s rights – that permission is individual, not given by another,” stated the victim's attorney, her legal representative. “Agreement is obtained directly and not through someone else from a spouse.”

Case History

Dominique Pelicot, a notorious sexual predators in recent French history, was handed a sentence to two decades in prison last year for sedating his wife at the time and bringing in dozens of men to sexually assault her in her home in the town of the village of Mazan over a period of almost a decade of their union.

Numerous other individuals were found guilty in a widely publicized trial last year, and the appellant was the single defendant to contest his sentence. He was initially given a sentence to 9 years in prison, a penalty enhanced on Thursday to 10 years.

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

Evidence Presented

Dogan had initially sent Dominique Pelicot graphic images and then traveled an hour from his town in the region to rape the victim, after telling his wife he was leaving, the testimony revealed.

The ex-husband, who was transported from isolation in prison to temporarily testify at the hearing, stated to the court that Dogan had understood his wife had been “incapacitated” and he told to men by phone: “I’m looking for someone to assault my wife after I’ve put her to sleep unbeknownst to her.”

The proceedings became a key topic for a broader debate on societal attitudes in society as Dogan continued to say he was blameless and had not engaged in violation, stating that because the victim's husband had welcomed him into the room, his actions had been acceptable.

The panel in the higher court was presented with video evidence of the victim's unresponsive form, comatose and breathing heavily in a comatose state, while a grinning Dogan engaged in violation on several occasions over a timeframe of what investigators stated was three and a half hours. The presiding judge said she had been at risk of fatal outcome by suffocation. The prosecution said there was no doubt that she had been unconscious and had not given permission.

Dogan's Claims

The defendant informed the court the recordings were simply “sexual encounters” and disputed it was assault. He said what he did was “a sexual act”, not rape. He declared the court: “I did not commit rape.” He said the victim's husband had allowed him to the residence, and therefore it was permissible. He said he was manipulated by the husband. “I tried to halt,” the accused stated to the court. “I carried on because he persuaded me.”

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

Victim's Response

Gisèle Pelicot, who was applauded upon departing the trial each day by crowds gathered to back her, addressed the defendant in court: “You fail to comprehend. When will you acknowledge you raped me? It is unlawful to assault an unaware woman. How could I have give you agreement? Not once.”

The victim, 72, became an international feminist hero after she waived her right to anonymity in the trial last year when she said: “The shame should shift.”

Prosecutor's Remarks

Sie, turning to Gisèle Pelicot in court, said the defendant's refusal to take accountability showed that: “The shame remains. Society is possibly in the process of that, maybe propelled by the collective awareness brought by the publication of your ordeal.”

The prosecutor said Dogan’s claims of innocence 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 the culture of violence to a culture of consent.”

The prosecutor said to the defendant: “For as much as you refuse to admit it, it’s not just a woman, it’s an complete disturbing societal structure that you are supporting.”

Defendant's Background

Dogan was born in the country of Turkey and at the age of 5 moved to France, where his parent worked as a caretaker. The testimony revealed that his parent was aggressive and that Dogan began consuming marijuana at the age of 10. When he was seventeen he was caught by police for selling narcotics and his parent evicted him of home. He was incarcerated in prison for narcotics offenses in his twenties and had worked as a construction worker but had experienced periods of homelessness.

He was wed and had a child with Down’s syndrome, who he was the main caregiver for, as his wife worked in a school canteen. The evidence showed his spouse did not know he had frequent sexual encounters outside their marriage. His legal team said this was his method of dealing with his challenging existence. The defendant had stated to a court psychologist that each year he engaged in transactional encounters on his special day. His legal representatives stated to the court he had a medical condition caused by the pressure of the original case.