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An individual was declared guilty on appeal of raping Gisèle Pelicot after she was rendered comatose by her husband – and has had his jail term increased to 10 years.

Retrial Proceedings

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

A panel of nine jurors, joined by three judges, ruled against Dogan on Thursday of raping the victim in her residence in southern France in the early hours of 29 June 2019.

The testimony revealed that the accused, a family man, reached out to the victim's then husband, Dominique Pelicot, in an online chatroom titled “unbeknownst to her”, where the husband was looking for men to come to his home to rape his wife once he had sedated her into a unconscious state.

We trust the jury will affirm that in this country, fundamental rights are also rights of women – that consent is individual, not delegated,” said the victim's attorney, Antoine Camus. “Agreement is received directly and not by proxy from a husband.”

Case History

The husband, among the most severe sex offenders in recent French history, was sentenced to 20 years in prison last year for incapacitating his wife at the time and soliciting dozens of men to sexually assault her in her home in the community of Mazan over a span of many years of their union.

Dozens of additional defendants were found guilty in a widely publicized trial last year, and the appellant was the only man to contest his conviction. He was first handed a term to nine years in prison, a sentence increased on Thursday to 10 years.

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

Courtroom Details

The defendant had initially sent Dominique Pelicot graphic images and then driven an hour from his residence in Provence to assault the victim, after informing his wife he was going out, the evidence indicated.

Pelicot, who was brought from segregation in prison to temporarily provide testimony at the appeal trial, told the court that Dogan had been aware his wife had been “drugged” and he said to men by phone: “I seek someone to assault my wife after I’ve sedated her without her knowledge.”

The courtroom became a key topic for a wider discussion on societal attitudes in society as the defendant continued to claim he was innocent and had not engaged in violation, contending that because the victim's husband had invited him into the room, his behavior had been justifiable.

The jury in the Nîmes appeals court was shown visual proof of the victim's unconscious figure, comatose and snoring in a comatose state, while a grinning Dogan performed assault multiple times over a timeframe of what authorities reported was several hours. The judge said she had been at peril of death by asphyxiation. The prosecution said there was no question that she had been unaware and had not given permission.

Dogan's Claims

The defendant told the court the footage were simply “sexual encounters” and disputed it was assault. He said what he did was “a consensual activity”, not assault. He told the court: “I did not commit rape.” He said the victim's husband had invited him to the residence, and therefore it was OK. He said he was manipulated by the husband. “I attempted to cease,” the accused stated to the court. “I proceeded because he reassured me.”

Asked if he wanted to make a final statement to the court, Dogan said: “I had no desire to injure that lady.”

Pelicot's Words

Gisèle Pelicot, who was applauded upon leaving court each day by supporters gathered to back her, addressed Dogan in court: “You fail to comprehend. When are you going to recognise you assaulted me? It’s a crime to assault an unaware woman. How could I have give you consent? Never.”

Gisèle Pelicot, 72, became an symbol of resistance after she relinquished her right to anonymity in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

Sie, addressing Gisèle Pelicot in court, said Dogan’s failure to take responsibility showed that: “The shame remains. The public is possibly in the midst of that, possibly propelled by the societal understanding resulting from the revelation of your situation.”

The prosecutor said Dogan’s claims of innocence showed how normalized violence was still common in society as part of “archaic” forms of “male domination”. He said: “Now we must change the culture of violence to a ethos of permission.”

The prosecutor addressed Dogan: “For as much as you deny it, it’s not just a person, it’s an complete unpleasant societal structure that you are endorsing.”

Biographical Details

The accused was originated from Turkey and at the age of five moved to the nation of France, where his father worked as a concierge. The testimony revealed that his parent was aggressive and that the defendant began consuming marijuana aged ten. When Dogan was seventeen he was stopped by authorities for drug trafficking and his father forced him to leave the residence. He served time in prison for trafficking in his young adulthood and had worked as a builder but had undergone periods of being unhoused.

He was married and had a child with special needs, who he was the primary guardian for, as his spouse worked in a school canteen. The testimony revealed his spouse did not know he had frequent extramarital activities outside their union. His legal team said this was his way of coping with his challenging existence. The defendant had informed a evaluator that once a year he engaged in commercial sex on his special day. His lawyers stated to the court he had a medical condition caused by the anxiety of the first trial.