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An individual was convicted on higher court review of raping Gisèle Pelicot after she was rendered comatose by her then-husband – and has had his incarceration period extended to 10 years.

Retrial Proceedings

The defendant, forty-four, an out-of-work construction worker, who had challenged his first conviction last year, faced a retrial this week at the Nîmes court of appeal.

A jury of nine jurors, accompanied by three judges, convicted Dogan on Thursday of raping the victim in her home in the south of France in the early hours of June 29, 2019.

The court heard that Dogan, a married father, connected with Gisèle Pelicot’s then husband, the husband, in an internet forum named “unbeknownst to her”, where the husband was looking for men to come to his home to rape his wife after he had rendered her unconscious into a unconscious state.

We expect the panel will affirm that in this country, human rights are also rights of women – that agreement is individual, not transferred,” stated Gisèle Pelicot’s attorney, Antoine Camus. “Consent is obtained directly and not through someone else from a spouse.”

Case History

Dominique Pelicot, one of the worst sex offenders in France's contemporary records, was given a prison term to 20 years in prison last year for sedating his then wife and bringing in numerous individuals to rape her in her home in the town of the village of Mazan over a span of almost a decade of their union.

Fifty other men were found culpable in a notable trial last year, and Dogan was the sole individual to appeal against his conviction. He was originally handed a term to nine years in prison, a sentence increased on Thursday to ten years.

The lead state prosecutor, the prosecutor, had contended he should serve 12 years, because he “stubbornly rejects to take any accountability”.

Testimony and Proof

Dogan had initially sent Dominique Pelicot graphic images and then traveled an hour from his residence in Provence to assault the victim, after notifying his wife he was leaving, the testimony revealed.

Pelicot, who was brought from isolation in prison to temporarily give evidence at the appeal trial, stated to the court that the accused had known his wife had been “incapacitated” and he said to men by phone: “I’m looking for someone to assault my wife after I’ve sedated her unbeknownst to her.”

The trial became a focus point for a broader debate on societal attitudes in society as the defendant continued to claim he was innocent and had not engaged in violation, stating that because the victim's husband had welcomed him into the bedroom, his behavior had been justifiable.

The jury in the Nîmes appeals court was displayed video evidence of Gisèle Pelicot’s limp body, comatose and snoring in a deep sleep, while a smiling Dogan engaged in violation multiple times over a duration of what investigators stated was several hours. The judge said she had been at danger of death by asphyxiation. The state's case said there was no doubt that she had been unaware and had not consented.

Defendant's Statements

Dogan told the court the footage were simply “sexual encounters” and rejected it was violation. He said what he did was “an intimate behavior”, not rape. He told the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had allowed him to the residence, and therefore it was acceptable. He said he was influenced by Dominique Pelicot. “I attempted to cease,” Dogan stated to the court. “I carried on because he convinced me.”

Questioned if he wanted to make a closing remarks to the court, the defendant said: “I had no desire to harm that individual.”

Survivor's Statement

The survivor, who was supported upon exiting the courtroom each day by supporters assembled to back her, said to Dogan in court: “You fail to comprehend. When will you admit you violated me? It is illegal to rape an incapacitated woman. When did I ever give you agreement? Not once.”

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

Legal Commentary

The prosecutor, speaking to the victim in court, said Dogan’s failure to take blame showed that: “Shame has not yet changed sides. The community is perhaps in the midst of that, perhaps propelled by the societal understanding brought by the publication of your case.”

Sie said the defendant's claims of non-guilt showed how rape culture was still widespread in society as part of “outdated” forms of “gender-based power”. He said: “Now we must change the culture of violence to a culture of consent.”

Sie addressed Dogan: “As long as you deny it, it’s not just a person, it’s an complete sordid cultural framework that you are endorsing.”

Biographical Details

Dogan was originated from the country of Turkey and at the age of 5 moved to France, where his parent worked as a building manager. The court heard that his parent was violent and that the defendant began smoking cannabis aged ten. When Dogan was seventeen he was stopped by authorities for drug trafficking and his parent kicked him out the residence. He was incarcerated in prison for narcotics offenses in his twenties and had worked as a laborer but had experienced periods of homelessness.

He was wed and had a child with a genetic condition, who he was the primary guardian for, as his wife worked in a educational cafeteria. The court heard his spouse did not know he had frequent extramarital activities beyond their union. His defence said this was his way of coping with his difficult circumstances. Dogan had stated to a court psychologist that each year he engaged in transactional encounters on his birthday. His lawyers informed the court he had arthritis triggered by the pressure of the first trial.