🔗 Share this article

A defendant was declared guilty on retrial of sexually assaulting Gisèle Pelicot after she was sedated by her husband – and received his prison sentence increased to a decade.

Appeal Trial

Dogan, 44, an unemployed builder, who had challenged his initial guilty verdict last year, experienced a retrial this week at the higher court in Nîmes.

A jury of nine jurors, joined by three judges, found Dogan guilty on Thursday of raping Pelicot in her home in southern 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 titled “without her knowledge”, where the husband was seeking men to enter his residence to rape his wife once he had sedated her into a unconscious state.

We expect the jury will declare that in this nation, fundamental rights are also rights of women – that permission is individual, not transferred,” stated the victim's lawyer, her legal representative. “Consent is received directly and not via a representative from a husband.”

Context

Dominique Pelicot, among the most severe sex offenders in modern French history, was given a prison term to twenty years in prison last year for incapacitating his spouse and soliciting multiple perpetrators to sexually assault her in her home in the town of Mazan over a duration of almost a decade of their union.

Dozens of additional defendants were found culpable in a notable trial last year, and Dogan was the sole individual to contest his sentence. He was first handed a term to nine years in prison, a punishment increased on Thursday to 10 years.

The state's attorney, the prosecutor, had argued he should serve 12 years, because he “absolutely refuses to take any responsibility”.

Testimony and Proof

The defendant had initially sent Dominique Pelicot graphic images and then traveled an hour from his residence in Provence to assault Gisèle Pelicot, after telling his wife he was leaving, the court heard.

Pelicot, who was transported from segregation in prison to briefly testify at the appeal trial, stated to the court that Dogan had known his wife had been “incapacitated” and he communicated to men by phone: “I’m looking for someone to abuse my wife after I’ve sedated her without her knowledge.”

The trial became a key topic for a broader debate on sexual violence norms in society as Dogan continued to claim he was blameless and had not committed rape, arguing that because the victim's husband had welcomed him into the room, his conduct had been permissible.

The panel in the Nîmes appeals court was presented with recorded footage of Gisèle Pelicot’s limp body, sedated and snoring in a unconscious condition, while a grinning the perpetrator engaged in violation repeatedly over a period of what authorities reported was 3.5 hours. The court official said she had been at danger of death by choking. The state prosecution said there was no doubt that she had been unconscious and had not agreed.

Accused's Testimony

Dogan informed the court the footage were simply “sexual encounters” and rejected it was violation. He said what he did was “a consensual activity”, not assault. He declared the court: “I never raped.” He said the victim's husband had invited him to the residence, and therefore it was OK. He said he was deceived by Dominique Pelicot. “I attempted to cease,” Dogan stated to the court. “I proceeded because he persuaded me.”

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

Victim's Response

The victim, who was applauded upon exiting the courtroom each day by crowds present to back her, addressed Dogan in court: “You fail to comprehend. When are you going to recognise you raped me? It is illegal to assault an unaware woman. How could I have give you consent? Never.”

The victim, seventy-two, became an global icon after she waived her right to privacy in the trial last year when she said: “The shame should shift.”

Legal Commentary

Sie, speaking to Gisèle Pelicot in court, said the defendant's failure to take accountability showed that: “Guilt has not shifted. Society is maybe in the process of that, maybe propelled by the public consciousness brought by the revelation of your ordeal.”

The prosecutor said Dogan’s claims of blamelessness showed how normalized violence was still common in society as part of “outdated” forms of “male domination”. He said: “Now we must change rape culture to a culture of consent.”

The prosecutor said to Dogan: “While you deny it, it’s not just a individual, it’s an entire sordid cultural framework that you are supporting.”

Defendant's Background

Dogan was originated from Turkey and at the age of 5 moved to the nation of France, where his parent worked as a concierge. The court heard that his father was abusive and that Dogan began smoking cannabis aged ten. When he was seventeen he was apprehended by police for selling narcotics and his father forced him to leave the family house. He served time in prison for trafficking in his early 20s and had worked as a laborer but had experienced periods of living on the streets.

He was wed and had a son with special needs, who he was the primary guardian for, as his spouse worked in a educational cafeteria. The court heard his wife did not know he had regular extramarital activities beyond their union. His defence said this was his way of coping with his difficult circumstances. Dogan had told a court psychologist that annually he sought commercial sex on his birthday. His legal representatives told the court he had a medical condition triggered by the anxiety of the initial proceedings.