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A man has been found guilty on appeal of sexually assaulting Gisele Pelicot following she was rendered comatose by her then-husband – and has had his jail term increased to 10 years.

Retrial Proceedings

The defendant, 44, an unemployed builder, who had appealed his initial guilty verdict last year, underwent a appeal hearing this week at the higher court in Nîmes.

A jury of four women and five men, joined by three judges, found Dogan guilty on Thursday of sexually assaulting the victim in her residence in southern France in the morning of 29 June 2019.

The testimony revealed that Dogan, a family man, reached out to the victim's spouse, the husband, in an online chatroom titled “without her knowledge”, where Pelicot was looking for men to visit his house to assault his wife after he had sedated her into a comatose state.

“We hope the panel will say loud and clear that in this country, human rights are also rights of women – that agreement is personal, not transferred,” said the victim's attorney, Antoine Camus. “Consent is secured directly and not by proxy from a husband.”

Case History

The ex-husband, one of the worst sex offenders in recent French history, was given a prison term to 20 years in prison last year for incapacitating his wife at the time and soliciting numerous individuals to sexually assault her in her home in the community of the village of Mazan over a span of many years of their union.

Numerous other individuals were found culpable in a notable trial last year, and the appellant was the single defendant to appeal against his verdict. He was initially sentenced to 9 years in prison, a punishment raised on Thursday to ten years.

The chief prosecutor, the prosecutor, had argued he should serve twelve years, because he “completely denies to take any responsibility”.

Evidence Presented

The defendant had initially sent the husband inappropriate pictures and then traveled an hour from his residence in the region to rape the victim, after informing his wife he was stepping out, the evidence indicated.

Pelicot, who was transported from solitary confinement in prison to temporarily testify at the appeal trial, stated to the court that the accused had understood his wife had been “sedated” and he said to men by phone: “I want someone to assault my wife after I’ve put her to sleep without her knowledge.”

The trial became a focus point for a wider discussion on sexual violence norms in society as the defendant continued to claim he was innocent and had not committed rape, stating that because the victim's husband had allowed him into the bedroom, his actions had been acceptable.

The jury in the higher court was displayed video evidence of Gisèle Pelicot’s unconscious figure, unconscious and snoring in a deep sleep, while a grinning Dogan engaged in violation multiple times over a period of what police said was three and a half hours. The court official said she had been at risk of death by suffocation. The state's case said there was no doubt that she had been unaware and had not agreed.

Accused's Testimony

Dogan informed the court the footage were simply “sexual encounters” and denied it was violation. He said what he did was “an intimate behavior”, not assault. 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 permissible. He said he was deceived by the husband. “I wanted to stop,” the accused told the court. “I continued because he convinced me.”

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

Pelicot's Words

Gisèle Pelicot, who was applauded upon exiting the courtroom each day by supporters present to stand with her, told Dogan in court: “You fail to comprehend. When will you admit you raped me? It is unlawful to assault an unconscious woman. How could I have give you permission? At no time.”

The victim, 72, became an symbol of resistance after she waived her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

The prosecutor, addressing Gisèle Pelicot in court, said the defendant's failure to take responsibility showed that: “Guilt has not shifted. The community is maybe in the course of that, possibly motivated by the collective awareness brought by the revelation of your ordeal.”

Sie said Dogan’s claims of blamelessness showed how normalized violence was still widespread in society as part of “outdated” forms of “patriarchal control”. He said: “We need to change rape culture to a ethos of permission.”

Sie addressed Dogan: “As long as you deny it, it’s not just a woman, it’s an entire sordid social system that you are endorsing.”

Defendant's Background

The accused was originated from Turkey and at the age of five came to the nation of France, where his father worked as a building manager. The evidence indicated that his parent was aggressive and that the defendant began using drugs aged 10. When Dogan was 17 he was stopped by authorities for selling narcotics and his parent forced him to leave of home. He was incarcerated in prison for drug dealing in his twenties and had worked as a builder but had undergone periods of being unhoused.

He was married and had a son with special needs, who he was the main caregiver for, as his wife worked in a school canteen. The court heard his wife did not know he had repeated sexual encounters beyond their marriage. His legal team said this was his method of dealing with his stressful life. Dogan had informed a mental health expert that each year he looked for transactional encounters on his special day. His attorneys informed the court he had joint inflammation triggered by the stress of the first trial.