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An individual was convicted on higher court review of sexually assaulting Gisele Pelicot following she was rendered comatose by her then-husband – and has had his incarceration period increased to ten years.

Retrial Proceedings

The defendant, 44, an out-of-work construction worker, who had challenged his first conviction last year, underwent a appeal hearing this week at the Nîmes court of appeal.

A panel of four women and five men, accompanied by three judges, ruled against Dogan on Thursday of sexually assaulting the victim in her residence in Provence in the morning of 29 June 2019.

The evidence showed that the accused, a married father, made contact with the victim's spouse, the husband, in an digital platform called “without her knowledge”, where the husband was looking for men to visit his house to assault his wife after he had sedated her into a unconscious state.

We trust the court will declare that in this country, human rights are also rights of women – that agreement is individual, not given by another,” said Gisèle Pelicot’s lawyer, her legal representative. “Permission is obtained directly and not by proxy from a spouse.”

Case History

The ex-husband, one of the worst sexual predators in recent French history, was handed a sentence to two decades in prison last year for incapacitating his wife at the time and soliciting multiple perpetrators to rape her in her home in the Provence village of the village of Mazan over a duration of almost a decade of their marriage.

Dozens of additional defendants were found convicted in a widely publicized trial last year, and Dogan was the only man to contest his verdict. He was initially sentenced to nine years in prison, a sentence enhanced on Thursday to 10 years.

The lead state prosecutor, Dominique Sie, had argued he should serve twelve years, because he “stubbornly rejects to take any accountability”.

Testimony and Proof

Dogan had initially sent the husband graphic images and then driven an hour from his residence in Provence to assault the victim, after telling his wife he was stepping out, the evidence indicated.

The ex-husband, who was transported from solitary confinement in prison to briefly give evidence at the appeal trial, stated to the court that Dogan had understood his wife had been “incapacitated” 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 proceedings became a focus point for a broader debate on societal attitudes in society as the defendant continued to assert he was not guilty and had not engaged in violation, contending that because Gisèle Pelicot’s husband had allowed him into the bedroom, his behavior had been permissible.

The panel in the higher court was displayed video evidence of Gisèle Pelicot’s unresponsive form, sedated and breathing heavily in a deep sleep, while a smiling Dogan committed rape repeatedly over a timeframe of what police said was three and a half hours. The judge said she had been at peril of fatal outcome by choking. The state prosecution said there was absolute certainty that she had been incapacitated and had not consented.

Dogan's Claims

Dogan told the court the videos were simply “sexual encounters” and denied it was violation. He said what he did was “a sexual act”, not assault. He stated the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had brought him to the house, and therefore it was permissible. He said he was deceived by Dominique Pelicot. “I wanted to stop,” Dogan told the court. “I proceeded because he convinced me.”

Inquired if he wanted to make a last words to the court, the defendant said: “I never wanted to injure that lady.”

Victim's Response

Gisèle Pelicot, who was supported upon leaving court each day by onlookers assembled to back her, addressed Dogan in court: “You haven’t understood. When will you admit you violated me? It is illegal to rape an unconscious woman. How could I have give you consent? Never.”

The victim, seventy-two, became an global icon after she gave up her right to anonymity in the trial last year when she said: “The shame should shift.”

State's Argument

Sie, turning to the victim in court, said Dogan’s refusal to take accountability showed that: “The shame remains. The public is perhaps in the course of that, maybe driven by the collective awareness resulting from the publication of your situation.”

The prosecutor said Dogan’s claims of blamelessness showed how societal tolerance was still prevalent in society as part of “old-fashioned” forms of “patriarchal control”. He said: “Now we must change rape culture to a ethos of permission.”

The prosecutor told the defendant: “For as much as you refuse to admit it, it’s not just a woman, it’s an whole sordid societal structure that you are upholding.”

Biographical Details

The accused was originated from the country of Turkey and at the age of five moved to the nation of France, where his father worked as a building manager. The court heard that his parent was abusive and that Dogan began consuming marijuana aged 10. When he was 17 he was caught by police for dealing drugs and his parent forced him to leave the family house. He was incarcerated in prison for narcotics offenses in his twenties and had worked as a builder but had experienced periods of homelessness.

He was married and had a child with special needs, who he was the main caregiver for, as his spouse worked in a school canteen. The evidence showed his wife did not know he had regular sexual encounters beyond their union. His legal team said this was his method of dealing with his stressful life. Dogan had stated to a evaluator that each year he sought paid sex on his birthday. His attorneys informed the court he had arthritis caused by the stress of the original case.