🔗 Share this article

An individual was declared guilty on retrial of raping Gisele Pelicot following she was drugged unconscious by her then-husband – and received his incarceration period raised to 10 years.

Appeal Trial

Dogan, forty-four, an unemployed builder, who had challenged his initial guilty verdict last year, faced a appeal hearing this week at the appeals court in Nîmes.

A jury of five men and four women, sitting with three judges, convicted Dogan on Thursday of sexually assaulting the victim in her home in the south of France in the early hours of June 29, 2019.

The court heard that Dogan, a married father, reached out to the victim's then husband, Dominique Pelicot, in an internet forum called “without her consent”, where the husband was seeking men to enter his residence to rape his wife once he had rendered her unconscious into a deep sleep.

We trust the jury will say loud and clear that in this nation, fundamental rights are also women’s rights – that permission is individual, not transferred,” said Gisèle Pelicot’s lawyer, her legal representative. “Permission is secured directly and not by proxy from a husband.”

Background

Dominique Pelicot, one of the worst sex offenders in recent French history, was sentenced to twenty years in prison last year for drugging his spouse and bringing in dozens of men to sexually assault her in her home in the town of the village of Mazan over a span of almost a decade of their union.

Fifty other men were found culpable in a widely publicized trial last year, and the appellant was the only man to contest his conviction. He was first given a sentence to nine years in prison, a punishment increased on Thursday to ten years.

The lead state prosecutor, the prosecutor, had stated he should serve twelve years, because he “absolutely refuses to take any accountability”.

Evidence Presented

Dogan had initially sent the husband sexually explicit photos and then driven an hour from his town in Provence to assault the victim, after telling his wife he was going out, the evidence indicated.

The ex-husband, who was brought from isolation in prison to temporarily provide testimony at the hearing, stated to the court that Dogan had known 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 consent.”

The proceedings became a focus point for a broader debate on rape culture in society as the defendant continued to assert he was not guilty and had not perpetrated assault, stating that because Gisèle Pelicot’s husband had welcomed him into the room, his conduct had been permissible.

The panel in the higher court was displayed recorded footage of the victim's limp body, comatose and breathing heavily in a comatose state, while a grinning the perpetrator performed assault on several occasions over a period of what authorities reported was three and a half hours. The presiding judge said she had been at danger of death by choking. The prosecution said there was absolute certainty that she had been unconscious and had not given permission.

Defendant's Statements

Dogan told the court the recordings were simply “sexual encounters” and rejected it was assault. He said what he did was “a consensual activity”, not rape. He declared the court: “I never raped.” He said Gisèle Pelicot’s husband had brought him to the home, and therefore it was OK. He said he was deceived by the husband. “I attempted to cease,” the accused informed the court. “I continued because he convinced me.”

Inquired if he wanted to make a closing remarks to the court, the defendant said: “I did not intend to hurt that individual.”

Survivor's Statement

The survivor, who was cheered upon leaving court each day by onlookers present to back her, said to Dogan in court: “You do not grasp. When will you acknowledge you violated me? It is illegal to assault an incapacitated woman. At what point did I give you permission? At no time.”

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

Legal Commentary

Sie, turning to Gisèle Pelicot in court, said the defendant's refusal to take blame showed that: “Shame has not yet changed sides. Society is maybe in the course of that, possibly motivated by the public consciousness resulting from the publication of your ordeal.”

The prosecutor said the defendant's claims of non-guilt showed how normalized violence was still prevalent in society as part of “archaic” forms of “gender-based power”. He said: “We need to change rape culture to a society based on agreement.”

The prosecutor addressed the defendant: “For as much as you refuse to admit it, it’s not just a individual, it’s an whole sordid societal structure that you are supporting.”

Personal History

The accused was originated from Turkey and at the age of 5 relocated to the nation of France, where his parent worked as a building manager. The testimony revealed that his father was aggressive and that Dogan began smoking cannabis at the age of ten. When he was 17 he was caught by police for drug trafficking and his father kicked him out the residence. He spent time in prison for drug dealing in his early 20s and had worked as a laborer but had experienced periods of being unhoused.

He was wed and had a child with a genetic condition, who he was the primary guardian for, as his wife worked in a school canteen. The evidence showed his spouse did not know he had frequent extramarital activities outside their marriage. His defence said this was his way of coping with his difficult circumstances. The defendant had informed a mental health expert that once a year he sought commercial sex on his special day. His attorneys informed the court he had joint inflammation resulting from the anxiety of the original case.