🔗 Share this article

A man has been found guilty on retrial of sexually assaulting Gisèle Pelicot after she was drugged unconscious by her then-husband – and was given his prison sentence raised to a decade.

Appeal Trial

The defendant, 44, an out-of-work construction worker, who had contested his first conviction last year, faced a new trial this week at the Nîmes court of appeal.

A jury of nine jurors, joined by three judges, ruled against Dogan on Thursday of raping the victim in her home in Provence in the morning of 29 June 2019.

The court heard that the accused, a family man, reached out to the victim's then husband, the husband, in an digital platform called “unbeknownst to her”, where the husband was seeking men to come to his home to rape his wife after he had sedated her into a deep sleep.

We trust the panel will affirm that in this nation, human rights are also women’s rights – that permission is individual, not delegated,” declared Gisèle Pelicot’s attorney, her legal representative. “Permission is secured directly and not via a representative from a husband.”

Context

Dominique Pelicot, a notorious sexual predators in modern French history, was handed a sentence to two decades in prison last year for sedating his spouse and soliciting numerous individuals to rape her in her home in the community of Mazan over a duration of many years of their marriage.

Dozens of additional defendants were found convicted in a widely publicized trial last year, and the appellant was the only man to contest his sentence. He was originally handed a term to 9 years in prison, a penalty increased on Thursday to 10 years.

The lead state prosecutor, Dominique Sie, had argued he should serve 12 years, because he “absolutely refuses to take any blame”.

Evidence Presented

Dogan had first sent Dominique Pelicot inappropriate pictures and then driven an hour from his village in the region to assault the victim, after telling his wife he was leaving, the testimony revealed.

Pelicot, who was brought from segregation in prison to briefly testify at the hearing, told the court that Dogan had been aware his wife had been “sedated” and he told to men by phone: “I want someone to assault my wife after I’ve rendered her unconscious without her consent.”

The trial became a key topic for a wider discussion on societal attitudes in society as Dogan continued to assert he was not guilty and had not engaged in violation, stating that because Gisèle Pelicot’s husband had allowed him into the residence, his conduct had been justifiable.

The jury in the higher court was shown recorded footage of the victim's limp body, comatose and snoring in a deep sleep, while a smiling Dogan performed assault repeatedly over a duration of what authorities reported was several hours. The judge said she had been at risk of fatal outcome by choking. The state's case said there was absolute certainty that she had been incapacitated and had not agreed.

Dogan's Claims

The defendant stated to the court the footage were simply “sex scenes” and denied it was violation. He said what he did was “a sexual act”, not assault. He declared the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had allowed him to the residence, and therefore it was permissible. He said he was manipulated by the husband. “I attempted to cease,” Dogan told the court. “I carried on because he persuaded me.”

Asked if he wanted to make a closing remarks to the court, the defendant said: “I never wanted to injure that woman.”

Survivor's Statement

The survivor, who was supported upon leaving court each day by crowds present to support her, told the defendant in court: “You do not grasp. When will you admit you raped me? It’s a crime to rape an incapacitated woman. How could I have give you agreement? Not once.”

The victim, seventy-two, became an international feminist hero after she gave up her right to privacy in the trial last year when she said: “The shame should shift.”

Legal Commentary

Sie, turning to Gisèle Pelicot in court, said the defendant's failure to take accountability showed that: “Shame has not yet changed sides. The public is possibly in the midst of that, maybe driven by the societal understanding brought by the exposure of your case.”

Sie said the defendant's claims of blamelessness showed how normalized violence was still common in society as part of “archaic” forms of “gender-based power”. He said: “We need to change the culture of violence to a ethos of permission.”

The prosecutor said to the defendant: “While you refuse to admit it, it’s not just a woman, it’s an complete disturbing social system that you are upholding.”

Biographical Details

The accused was originated from the country of Turkey and at the age of five relocated to France, where his parent worked as a building manager. The testimony revealed that his father was violent and that Dogan began smoking cannabis at the age of ten. When he was 17 he was caught by authorities for dealing drugs and his parent kicked him out of home. He spent time in prison for drug dealing in his young adulthood and had worked as a builder but had experienced periods of living on the streets.

He was wed and had a son with special needs, who he was the principal carer for, as his spouse worked in a educational cafeteria. The testimony revealed his spouse did not know he had frequent extramarital activities outside their union. His legal team said this was his strategy for managing with his stressful life. Dogan had told a evaluator that annually he engaged in commercial sex on his birthday. His lawyers stated to the court he had a medical condition resulting from the anxiety of the initial proceedings.