🔗 Share this article

An individual has been found guilty on higher court review of sexually assaulting Gisèle Pelicot after she was sedated by her then-husband – and was given his prison sentence increased to ten years.

Appeal Trial

The defendant, forty-four, an out-of-work construction worker, who had appealed his initial guilty verdict last year, underwent a retrial this week at the higher court in Nîmes.

A jury of nine jurors, sitting with three judges, convicted Dogan on Thursday of raping Pelicot in her residence in the south of France in the early hours of 29 June 2019.

The evidence showed that Dogan, a married father, made contact with Gisèle Pelicot’s spouse, Dominique Pelicot, in an online chatroom titled “without her consent”, where Pelicot was looking for men to enter his residence to rape his wife after he had rendered her unconscious into a comatose state.

We expect the court will declare that in this country, fundamental rights are also women’s rights – that consent is personal, not transferred,” stated Gisèle Pelicot’s attorney, Antoine Camus. “Permission is received personally and not via a representative from a spouse.”

Background

The husband, one of the worst sex offenders in modern French history, was handed a sentence to twenty years in prison last year for incapacitating his wife at the time and inviting dozens of men to rape her in her home in the community of the village of Mazan over a period of nearly ten years of their marriage.

Fifty other men were found guilty in a notable trial last year, and Dogan was the sole individual to challenge his conviction. He was originally given a sentence to 9 years in prison, a penalty enhanced on Thursday to 10 years.

The lead state prosecutor, Dominique Sie, had stated he should serve twelve years, because he “completely denies to take any blame”.

Testimony and Proof

The defendant had initially sent the husband inappropriate pictures and then driven an hour from his town in the region to assault the victim, after notifying his wife he was leaving, the testimony revealed.

Pelicot, who was transported from segregation in prison to temporarily testify at the retrial, stated to the court that Dogan had known his wife had been “sedated” and he communicated to men by phone: “I seek someone to abuse my wife after I’ve put her to sleep without her consent.”

The proceedings became a focus point for a broader debate on societal attitudes in society as Dogan continued to assert he was blameless and had not perpetrated assault, arguing that because the victim's husband had allowed him into the residence, his conduct had been permissible.

The panel in the higher court was shown visual proof of the victim's limp body, unconscious and snoring in a comatose state, while a grinning Dogan engaged in violation repeatedly over a period of what police said was three and a half hours. The judge said she had been at danger of death by suffocation. The prosecution said there was no doubt that she had been unaware and had not consented.

Accused's Testimony

The defendant informed 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 stated the court: “I never raped.” He said the victim's husband had brought him to the residence, and therefore it was acceptable. He said he was deceived by Dominique Pelicot. “I tried to halt,” Dogan stated to the court. “I proceeded because he reassured me.”

Asked if he wanted to make a final statement to the court, the defendant said: “I had no desire to harm that woman.”

Victim's Response

The victim, who was supported upon exiting the courtroom each day by onlookers present to stand with her, addressed Dogan in court: “You do not grasp. When are you going to recognise you raped me? It is illegal to rape an incapacitated woman. How could I have give you permission? Not once.”

Gisèle Pelicot, 72, became an global icon after she relinquished her right to privacy in the trial last year when she said: “The shame should shift.”

State's Argument

Sie, turning to the victim in court, said Dogan’s failure to take blame showed that: “Shame has not yet changed sides. Society is maybe in the process of that, perhaps motivated by the public consciousness brought by the revelation of your case.”

Sie said Dogan’s claims of innocence showed how rape culture was still prevalent in society as part of “archaic” forms of “gender-based power”. He said: “It is imperative to change the culture of violence to a society based on agreement.”

The prosecutor told the defendant: “As long as you deny it, it’s not just a person, it’s an complete unpleasant social system that you are endorsing.”

Defendant's Background

Dogan was born in the country of Turkey and at the age of five came to France, where his father worked as a building manager. The evidence indicated that his father was abusive and that the defendant began consuming marijuana at the age of 10. When he was 17 he was stopped by authorities for drug trafficking and his parent kicked him out the residence. He was incarcerated in prison for trafficking in his young adulthood and had worked as a builder but had faced periods of homelessness.

He was wed and had a son with a genetic condition, who he was the main caregiver for, as his wife worked in a educational cafeteria. The evidence showed his wife did not know he had regular extramarital activities beyond their marriage. His defence said this was his way of coping with his stressful life. The defendant had informed a court psychologist that once a year he looked for commercial sex on his special day. His lawyers informed the court he had a medical condition caused by the pressure of the initial proceedings.