🔗 Share this article

A defendant was convicted on higher court review of sexually assaulting Gisèle Pelicot following she was sedated by her then-husband – and was given his jail term increased to ten years.

Appeal Trial

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

A jury of four women and five men, accompanied by three judges, convicted Dogan on Thursday of raping Pelicot in her home in Provence in the early hours of June 29, 2019.

The evidence showed that the accused, a married father, made contact with the victim's spouse, Dominique Pelicot, in an online chatroom named “without her knowledge”, where the husband was recruiting men to enter his residence to assault his wife once he had drugged her into a comatose state.

“We hope the jury will affirm that in this country, fundamental rights are also rights of women – that agreement is personal, not delegated,” declared Gisèle Pelicot’s lawyer, Antoine Camus. “Permission is secured personally and not by proxy from a spouse.”

Context

The ex-husband, one of the worst sex offenders in recent French history, was given a prison term to two decades in prison last year for incapacitating his spouse and inviting numerous individuals to sexually assault her in her home in the town of Mazan over a duration of almost a decade of their marriage.

Dozens of additional defendants were found convicted in a notable trial last year, and Dogan was the only man to contest his verdict. He was originally sentenced to nine years in prison, a penalty increased on Thursday to a decade.

The state's attorney, the prosecutor, had stated he should serve 12 years, because he “completely denies to take any accountability”.

Testimony and Proof

Dogan had initially sent Dominique Pelicot sexually explicit photos and then driven an hour from his residence in the region to assault Gisèle Pelicot, after telling his wife he was leaving, the testimony revealed.

Pelicot, who was brought from isolation in prison to temporarily provide testimony at the appeal trial, informed the court that Dogan had been aware his wife had been “sedated” and he communicated to men by phone: “I want someone to violate my wife after I’ve sedated her without her consent.”

The proceedings became a key topic for a wider discussion on rape culture in society as Dogan continued to assert he was innocent and had not committed rape, stating that because the victim's husband had invited him into the room, his actions had been acceptable.

The panel in the Nîmes appeals court was presented with recorded footage of Gisèle Pelicot’s limp body, sedated and snoring in a comatose state, while a smiling the perpetrator engaged in violation repeatedly over a timeframe of what authorities reported was 3.5 hours. The court official said she had been at risk of fatal outcome by choking. The prosecution said there was no doubt that she had been unconscious and had not given permission.

Accused's Testimony

The defendant told the court the recordings were simply “sexual encounters” and rejected it was violation. He said what he did was “a consensual activity”, not rape. He declared the court: “I am innocent of assault.” He said the victim's husband had invited him to the home, and therefore it was acceptable. He said he was deceived by Dominique Pelicot. “I attempted to cease,” Dogan informed the court. “I carried on 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 individual.”

Victim's Response

Gisèle Pelicot, who was applauded upon departing the trial each day by crowds gathered to stand with her, addressed the defendant in court: “You fail to comprehend. When will you admit you raped me? It is illegal to assault an incapacitated woman. When did I ever give you agreement? At no time.”

Gisèle Pelicot, seventy-two, became an symbol of resistance after she waived her right to privacy in the trial last year when she said: “The shame should shift.”

Prosecutor's Remarks

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

The prosecutor said Dogan’s claims of non-guilt showed how normalized violence was still common in society as part of “old-fashioned” forms of “gender-based power”. He said: “It is imperative to change rape culture to a ethos of permission.”

The prosecutor addressed the defendant: “While you reject it, it’s not just a woman, it’s an complete disturbing cultural framework that you are endorsing.”

Biographical Details

The accused was originated from Turkey and at the age of five came to the nation of France, where his father worked as a concierge. The testimony revealed that his parent was violent and that the defendant began smoking cannabis aged ten. When Dogan was seventeen he was stopped by authorities for drug trafficking and his father evicted him the residence. He was incarcerated in prison for narcotics offenses in his early 20s and had worked as a construction worker but had experienced periods of living on the streets.

He was wed and had a child with special needs, who he was the principal carer for, as his wife worked in a school canteen. The testimony revealed his spouse did not know he had frequent extramarital activities outside their union. His defence said this was his strategy for managing with his difficult circumstances. Dogan had informed a evaluator that once a year he engaged in commercial sex on his birthday. His lawyers stated to the court he had a medical condition caused by the anxiety of the original case.