🔗 Share this article

An individual was declared guilty on appeal of raping Gisèle Pelicot after she was sedated by her spouse – and has had his incarceration period increased to 10 years.

Retrial Proceedings

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

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

The court heard that the accused, a married father, made contact with the victim's spouse, Dominique Pelicot, in an digital platform called “unbeknownst to her”, where Pelicot was looking for men to enter his residence to assault his wife once he had rendered her unconscious into a comatose state.

“We hope the jury will declare that in this society, human rights are also rights of women – that agreement is individual, not delegated,” stated Gisèle Pelicot’s attorney, Antoine Camus. “Agreement is obtained directly and not through someone else from a husband.”

Context

The ex-husband, one of the worst sex offenders in recent French history, was sentenced to twenty years in prison last year for drugging his wife at the time and bringing in dozens of men to rape her in her home in the community of Mazan over a period of nearly ten years of their union.

Dozens of additional defendants were found culpable in a high-profile trial last year, and Dogan was the single defendant to contest his conviction. He was initially sentenced to 9 years in prison, a punishment raised on Thursday to ten years.

The lead state prosecutor, Dominique Sie, had stated he should serve 12 years, because he “stubbornly rejects to take any blame”.

Courtroom Details

Dogan had initially sent Dominique Pelicot graphic images and then traveled an hour from his village in the region to rape Gisèle Pelicot, after telling his wife he was going out, the testimony revealed.

The ex-husband, who was transported from solitary confinement in prison to temporarily give evidence at the appeal trial, stated to the court that Dogan had been aware his wife had been “sedated” and he communicated to men by phone: “I want someone to assault my wife after I’ve rendered her unconscious without her knowledge.”

The trial became a focus point for a broader debate on rape culture in society as Dogan continued to say he was not guilty and had not committed rape, stating that because the victim's husband had invited him into the residence, his conduct had been acceptable.

The jury in the higher court was shown video evidence of Gisèle Pelicot’s unconscious figure, comatose and breathing heavily in a unconscious condition, while a grinning Dogan performed assault on several occasions over a period of what investigators stated was 3.5 hours. The court official said she had been at risk of death by choking. The prosecution said there was no doubt that she had been unaware and had not given permission.

Defendant's Statements

Dogan told the court the videos were simply “intimate moments” and denied it was assault. He said what he did was “a sexual act”, not assault. He declared the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had allowed him to the home, and therefore it was acceptable. He said he was influenced by the husband. “I wanted to stop,” the accused informed the court. “I proceeded because he reassured me.”

Questioned if he wanted to make a closing remarks to the court, Dogan said: “I did not intend to injure that lady.”

Survivor's Statement

Gisèle Pelicot, who was cheered upon leaving court each day by supporters assembled to support her, said to Dogan in court: “You do not grasp. When are you going to recognise you raped me? It is unlawful to rape an incapacitated woman. At what point did I give you permission? At no time.”

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

Prosecutor's Remarks

The prosecutor, speaking to the victim in court, said Dogan’s unwillingness to take responsibility showed that: “The shame remains. Society is possibly in the process of that, possibly driven by the collective awareness brought by the publication of your ordeal.”

Sie said Dogan’s claims of non-guilt showed how societal tolerance was still prevalent in society as part of “old-fashioned” forms of “patriarchal control”. He said: “Now we must change rape culture to a ethos of permission.”

The prosecutor said to the defendant: “For as much as you deny it, it’s not just a individual, it’s an complete unpleasant societal structure that you are supporting.”

Defendant's Background

The accused was originated from Turkey and at the age of five moved to France, where his father worked as a caretaker. The evidence indicated that his father was abusive and that Dogan began consuming marijuana aged ten. When Dogan was 17 he was stopped by authorities for drug trafficking and his father kicked him out of home. He served time in prison for trafficking in his early 20s and had worked as a construction worker but had experienced periods of homelessness.

He was married and had a son with a genetic condition, who he was the main caregiver for, as his wife worked in a institution's dining hall. The evidence showed his spouse did not know he had repeated extramarital activities outside their marriage. His legal team said this was his method of dealing with his difficult circumstances. The defendant had informed a court psychologist that once a year he looked for transactional encounters on his special day. His attorneys informed the court he had arthritis resulting from the stress of the first trial.