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An individual has been found guilty on higher court review of sexually assaulting Gisèle Pelicot after she was rendered comatose by her husband – and was given his jail term raised to a decade.

Higher Court Case

Dogan, 44, an unemployed builder, who had challenged his first conviction last year, underwent a retrial this week at the higher court in Nîmes.

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

The testimony revealed that the accused, a married father, connected with the victim's then husband, Dominique Pelicot, in an internet forum named “without her knowledge”, where Pelicot was seeking men to enter his residence to assault his wife after he had sedated her into a comatose state.

We expect the court will declare that in this nation, human rights are also women’s rights – that permission is personal, not transferred,” stated Gisèle Pelicot’s lawyer, Antoine Camus. “Permission is secured directly and not through someone else from a spouse.”

Case History

The ex-husband, among the most severe sex offenders in modern French history, was handed a sentence to two decades in prison last year for incapacitating his then wife and soliciting dozens of men to sexually assault her in her home in the community of the village of Mazan over a period of nearly ten years of their union.

Fifty other men were found guilty in a widely publicized trial last year, and the appellant was the sole individual to contest his sentence. He was originally given a sentence to nine years in prison, a sentence increased on Thursday to 10 years.

The lead state prosecutor, Dominique Sie, had argued he should serve 12 years, because he “absolutely refuses to take any accountability”.

Testimony and Proof

The defendant had initially sent the husband sexually explicit photos and then traveled an hour from his town in Provence to assault the victim, after informing his wife he was going out, the court heard.

Pelicot, who was transported from isolation in prison to temporarily testify at the appeal trial, informed the court that Dogan had understood his wife had been “drugged” and he communicated to men by phone: “I want someone to assault my wife after I’ve rendered her unconscious unbeknownst to her.”

The trial became a key topic for a broader debate on sexual violence norms in society as the defendant continued to assert he was innocent and had not engaged in violation, arguing that because Gisèle Pelicot’s husband had welcomed him into the room, his behavior had been acceptable.

The panel in the Nîmes appeals court was shown recorded footage of the victim's unconscious figure, comatose and snoring in a deep sleep, while a smiling the perpetrator performed assault multiple times over a timeframe of what investigators stated was 3.5 hours. The court official said she had been at peril of death by suffocation. The state prosecution said there was no doubt that she had been unconscious and had not given permission.

Dogan's Claims

The defendant stated to the court the recordings were simply “sexual encounters” and rejected it was assault. He said what he did was “a sexual act”, not rape. He told the court: “I did not commit rape.” He said the victim's husband had allowed him to the residence, and therefore it was OK. He said he was deceived by the husband. “I tried to halt,” Dogan informed the court. “I continued because he convinced me.”

Asked if he wanted to make a closing remarks to the court, the defendant said: “I never wanted to hurt that woman.”

Survivor's Statement

The survivor, who was applauded upon exiting the courtroom each day by crowds gathered to stand with her, addressed the defendant in court: “You fail to comprehend. When will you acknowledge you violated me? It is illegal to rape an incapacitated woman. At what point did I give you permission? Never.”

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

Legal Commentary

The prosecutor, addressing the victim in court, said Dogan’s unwillingness to take accountability showed that: “Guilt has not shifted. The public is perhaps in the midst of that, perhaps motivated by the collective awareness brought by the publication of your situation.”

The prosecutor said Dogan’s claims of innocence showed how societal tolerance was still common in society as part of “outdated” forms of “gender-based power”. He said: “We need to change the culture of violence to a ethos of permission.”

The prosecutor said to Dogan: “While you refuse to admit it, it’s not just a person, it’s an whole disturbing social system that you are upholding.”

Biographical Details

Dogan was originated from Turkey and at the age of five moved to the nation of France, where his father worked as a concierge. The evidence indicated that his parent was violent and that the defendant began smoking cannabis at the age of 10. When he was seventeen he was caught by authorities for drug trafficking and his parent kicked him out of home. He spent time in prison for trafficking in his early 20s and had worked as a construction worker but had faced periods of being unhoused.

He was wed and had a son with Down’s syndrome, who he was the main caregiver for, as his wife worked in a educational cafeteria. The testimony revealed his wife did not know he had frequent extramarital activities beyond their marriage. His legal team said this was his method of dealing with his challenging existence. The defendant had informed a mental health expert that each year he engaged in paid sex on his birthday. His attorneys stated to the court he had arthritis triggered by the anxiety of the first trial.