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A defendant has been found guilty on higher court review of sexually assaulting Gisèle Pelicot following she was rendered comatose by her husband – and received his incarceration period raised to ten years.

Higher Court Case

The defendant, 44, an out-of-work construction worker, who had challenged his initial guilty verdict last year, underwent a new trial this week at the higher court in Nîmes.

A jury of four women and five men, accompanied by three judges, convicted Dogan on Thursday of sexually assaulting Pelicot in her bedroom in Provence in the early hours of 29 June 2019.

The testimony revealed that the accused, a married father, connected with the victim's spouse, Dominique Pelicot, in an internet forum called “without her consent”, where the husband was looking for men to come to his home to assault his wife once he had sedated her into a unconscious state.

We expect the court will declare that in this society, human rights are also women’s rights – that permission is individual, not given by another,” declared Gisèle Pelicot’s lawyer, her legal representative. “Permission is secured directly and not by proxy from a husband.”

Case History

The ex-husband, among the most severe sexual predators in recent French history, was given a prison term to twenty years in prison last year for drugging his then wife and inviting dozens of men to sexually assault her in her home in the Provence village of the village of Mazan over a span of almost a decade of their union.

Numerous other individuals were found convicted in a notable trial last year, and Dogan was the single defendant to contest his sentence. He was first handed a term to nine years in prison, a punishment increased on Thursday to a decade.

The lead state prosecutor, Dominique Sie, had stated he should serve twelve years, because he “completely denies to take any blame”.

Courtroom Details

The defendant had first sent Dominique Pelicot graphic images and then driven an hour from his town in the region to assault the victim, after notifying his wife he was going out, the court heard.

The ex-husband, who was transported from isolation in prison to temporarily give evidence at the hearing, stated to the court that the accused had been aware his wife had been “drugged” and he told to men by phone: “I’m looking for someone to assault my wife after I’ve rendered her unconscious unbeknownst to her.”

The trial became a focus point for a broader debate on rape culture in society as the defendant continued to assert he was innocent and had not perpetrated assault, arguing that because the victim's husband had welcomed him into the residence, his actions had been acceptable.

The jury in the higher court was displayed video evidence of the victim's limp body, unconscious and snoring in a comatose state, while a grinning the perpetrator committed rape repeatedly over a period of what investigators stated was several hours. The presiding judge said she had been at peril of death by choking. The prosecution said there was absolute certainty that she had been unconscious and had not given permission.

Defendant's Statements

Dogan stated to the court the recordings were simply “sexual encounters” and rejected it was violation. He said what he did was “a consensual activity”, not rape. He stated the court: “I am innocent of assault.” He said the victim's husband had invited him to the residence, and therefore it was OK. He said he was deceived by the husband. “I attempted to cease,” the accused stated to the court. “I proceeded because he convinced me.”

Inquired if he wanted to make a final statement to the court, the defendant said: “I did not intend to hurt that individual.”

Pelicot's Words

Gisèle Pelicot, who was cheered upon exiting the courtroom each day by crowds gathered to support her, addressed Dogan in court: “You haven’t understood. When will you admit you assaulted me? It’s a crime to assault an unconscious woman. At what point did I give you agreement? Never.”

The victim, seventy-two, became an global icon after she gave up her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

Sie, turning to the victim in court, said Dogan’s refusal to take blame showed that: “Guilt has not shifted. The public is possibly in the midst of that, perhaps motivated by the collective awareness spurred by the publication of your situation.”

The prosecutor said Dogan’s claims of blamelessness showed how normalized violence was still widespread in society as part of “outdated” forms of “gender-based power”. He said: “Now we must change rape culture to a society based on agreement.”

The prosecutor told Dogan: “As long as you reject it, it’s not just a person, it’s an entire unpleasant societal structure that you are upholding.”

Biographical Details

Dogan was born in the country of Turkey and at the age of 5 relocated to France, where his father worked as a caretaker. The testimony revealed that his parent was violent and that the defendant began consuming marijuana aged 10. When he was 17 he was stopped by police for dealing drugs and his parent kicked him out the residence. He spent time in prison for drug dealing in his early 20s and had worked as a construction worker but had undergone periods of living on the streets.

He was wed and had a child with special needs, who he was the principal carer for, as his spouse worked in a school canteen. The testimony revealed his spouse did not know he had regular extramarital activities beyond their union. His defence said this was his method of dealing with his stressful life. Dogan had informed a court psychologist that annually he looked for paid sex on his special day. His lawyers informed the court he had joint inflammation caused by the anxiety of the first trial.