🔗 Share this article

An individual has been found guilty on retrial of sexually assaulting Gisèle Pelicot after she was sedated by her spouse – and received his jail term raised to ten years.

Retrial Proceedings

Dogan, 44, an unemployed builder, who had contested his initial guilty verdict last year, faced a new trial this week at the Nîmes court of appeal.

A panel of nine jurors, sitting with three judges, convicted Dogan on Thursday of raping Pelicot in her bedroom in southern France in the morning of June 29, 2019.

The court heard that Dogan, a family man, made contact with Gisèle Pelicot’s spouse, the husband, in an online chatroom called “without her knowledge”, where Pelicot was recruiting men to come to his home to assault his wife once he had sedated her into a comatose state.

“We hope the panel will affirm that in this country, fundamental rights are also women’s rights – that permission is individual, not given by another,” declared Gisèle Pelicot’s attorney, her legal representative. “Agreement is obtained personally and not by proxy from a husband.”

Background

The ex-husband, a notorious sexual predators in France's contemporary records, was sentenced to two decades in prison last year for sedating his then wife and inviting multiple perpetrators to rape her in her home in the Provence village of the village of Mazan over a period of almost a decade of their marriage.

Fifty other men were found guilty in a notable trial last year, and Dogan was the sole individual to appeal against his verdict. He was initially handed a term to 9 years in prison, a sentence enhanced on Thursday to ten years.

The chief prosecutor, Dominique Sie, had argued he should serve 12 years, because he “completely denies to take any blame”.

Courtroom Details

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

Pelicot, who was transported from segregation in prison to briefly provide testimony at the hearing, informed the court that the accused had been aware his wife had been “drugged” and he told to men by phone: “I’m looking for someone to assault my wife after I’ve put her to sleep unbeknownst to her.”

The proceedings became a central issue for a larger conversation on rape culture in society as the defendant continued to say he was innocent and had not perpetrated assault, arguing that because Gisèle Pelicot’s husband had invited him into the room, his behavior had been justifiable.

The jury in the higher court was presented with visual proof of Gisèle Pelicot’s unresponsive form, unconscious and snoring in a deep sleep, while a smiling Dogan committed rape on several occasions over a timeframe of what investigators stated was three and a half hours. The judge said she had been at danger of fatal outcome by choking. The prosecution said there was no doubt that she had been incapacitated and had not consented.

Accused's Testimony

Dogan informed the court the videos were simply “sexual encounters” and denied it was assault. He said what he did was “a consensual activity”, not assault. He declared the court: “I am innocent of assault.” He said the victim's husband had allowed him to the residence, and therefore it was OK. He said he was influenced by Dominique Pelicot. “I wanted to stop,” the accused informed the court. “I proceeded because he reassured me.”

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

Survivor's Statement

The victim, who was applauded upon departing the trial each day by onlookers assembled to support her, addressed Dogan in court: “You fail to comprehend. When are you going to recognise you raped me? It is unlawful to assault an unconscious woman. How could I have give you agreement? Not once.”

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

State's Argument

The prosecutor, speaking to Gisèle Pelicot in court, said Dogan’s unwillingness to take accountability showed that: “Guilt has not shifted. The community is maybe in the course of that, possibly driven by the collective awareness spurred by the publication of your case.”

The prosecutor said Dogan’s claims of blamelessness showed how normalized violence was still prevalent in society as part of “archaic” forms of “patriarchal control”. He said: “Now we must change rape culture to a society based on agreement.”

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

Defendant's Background

The accused was born in Turkey and at the age of 5 relocated to the nation of France, where his father worked as a concierge. The court heard that his parent was aggressive and that the defendant began using drugs at the age of 10. When he was 17 he was caught by authorities for selling narcotics and his parent kicked him out the family house. He spent time in prison for drug dealing in his twenties and had worked as a construction worker but had experienced periods of being unhoused.

He was married and had a child with Down’s syndrome, who he was the primary guardian for, as his spouse worked in a educational cafeteria. The court heard his spouse did not know he had regular intimate relations beyond their marriage. His legal team said this was his way of coping with his stressful life. Dogan had stated to a evaluator that once a year he sought paid sex on his special day. His lawyers told the court he had a medical condition caused by the stress of the initial proceedings.