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A man was declared guilty on higher court review of raping Gisele Pelicot after she was rendered comatose by her then-husband – and has had his jail term raised to a decade.

Appeal Trial

Dogan, 44, an unemployed builder, who had contested his initial guilty verdict last year, underwent a retrial this week at the appeals court in Nîmes.

A panel of five men and four women, sitting with three judges, ruled against Dogan on Thursday of sexually assaulting Pelicot in her residence in the south of France in the morning of 29 June 2019.

The court heard that Dogan, a married father, made contact with the victim's spouse, Dominique Pelicot, in an online chatroom titled “without her knowledge”, where Pelicot was seeking men to enter his residence to rape his wife after he had rendered her unconscious into a deep sleep.

We trust the panel will affirm that in this nation, fundamental rights are also rights of women – that permission is individual, not transferred,” said the victim's attorney, her legal representative. “Permission is received directly and not by proxy from a spouse.”

Case History

Dominique Pelicot, among the most severe sex offenders in modern French history, was handed a sentence to two decades in prison last year for drugging his wife at the time and inviting numerous individuals to rape her in her home in the town of Mazan over a duration of many years of their union.

Numerous other individuals were found convicted in a notable trial last year, and Dogan was the sole individual to contest his sentence. He was initially sentenced to 9 years in prison, a sentence raised on Thursday to a decade.

The lead state prosecutor, the prosecutor, had contended he should serve twelve years, because he “absolutely refuses to take any blame”.

Testimony and Proof

Dogan had initially sent the husband graphic images and then driven an hour from his town in the region to rape the victim, after notifying his wife he was stepping out, the testimony revealed.

Pelicot, who was brought from segregation in prison to temporarily testify at the retrial, stated to the court that Dogan had been aware his wife had been “drugged” 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 knowledge.”

The courtroom became a central issue for a broader debate on rape culture in society as Dogan continued to say he was not guilty and had not committed rape, stating that because Gisèle Pelicot’s husband had allowed him into the bedroom, his behavior had been justifiable.

The jury in the higher court was shown recorded footage of the victim's unresponsive form, comatose and breathing heavily in a deep sleep, while a smiling Dogan performed assault repeatedly over a duration of what investigators stated was several hours. The judge said she had been at risk of fatal outcome by asphyxiation. The state prosecution said there was no doubt that she had been unconscious and had not given permission.

Accused's Testimony

The defendant stated to the court the videos were simply “sexual encounters” and rejected it was assault. He said what he did was “a consensual activity”, not rape. He told the court: “I am innocent of assault.” He said the victim's husband had allowed him to the home, and therefore it was OK. He said he was deceived by Dominique Pelicot. “I tried to halt,” Dogan stated to the court. “I continued because he convinced me.”

Questioned if he wanted to make a final statement to the court, Dogan said: “I never wanted to injure that lady.”

Victim's Response

The survivor, who was supported upon exiting the courtroom each day by onlookers gathered to support her, said to the defendant in court: “You fail to comprehend. When will you acknowledge you raped me? It is illegal to rape an unconscious woman. At what point did I give you consent? At no time.”

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

Prosecutor's Remarks

Sie, turning to the victim in court, said Dogan’s failure to take accountability showed that: “The shame remains. The public is maybe in the course of that, possibly propelled by the societal understanding resulting from the exposure of your situation.”

The prosecutor said Dogan’s claims of innocence showed how rape culture was still widespread in society as part of “old-fashioned” forms of “gender-based power”. He said: “We need to change the culture of violence to a society based on agreement.”

Sie told Dogan: “As long as you refuse to admit it, it’s not just a individual, it’s an entire sordid social system that you are endorsing.”

Personal History

Dogan was originated from the country of Turkey and at the age of five moved to France, where his parent worked as a building manager. The testimony revealed that his father was violent and that Dogan began smoking cannabis aged ten. When he was seventeen he was stopped by authorities for drug trafficking and his father evicted him of home. He served time in prison for trafficking in his early 20s and had worked as a construction worker but had faced periods of living on the streets.

He was wed and had a son with special needs, who he was the principal carer for, as his wife worked in a school canteen. The testimony revealed his spouse did not know he had repeated extramarital activities outside their union. His legal team said this was his strategy for managing with his difficult circumstances. The defendant had told a mental health expert that once a year he looked for commercial sex on his birthday. His lawyers informed the court he had a medical condition resulting from the pressure of the initial proceedings.