🔗 Share this article

An individual was declared guilty on retrial of raping Gisele Pelicot after she was drugged unconscious by her husband – and received his jail term increased to ten years.

Appeal Trial

The defendant, forty-four, an out-of-work construction worker, who had challenged his first conviction last year, underwent a retrial this week at the appeals court in Nîmes.

A jury of five men and four women, accompanied by three judges, ruled against Dogan on Thursday of sexually assaulting Pelicot in her residence in Provence in the morning of June 29, 2019.

The court heard that Dogan, a married father, reached out to the victim's then husband, the husband, in an digital platform named “without her knowledge”, where the husband was looking for men to visit his house to assault his wife once he had rendered her unconscious into a unconscious state.

“We hope the court will say loud and clear that in this society, fundamental rights are also rights of women – that consent is individual, not given by another,” stated the victim's attorney, Antoine Camus. “Consent is received personally and not via a representative from a husband.”

Background

The ex-husband, among the most severe sexual predators in recent French history, was given a prison term to 20 years in prison last year for sedating his spouse and soliciting dozens of men to sexually assault her in her home in the Provence village of the village of Mazan over a duration of nearly ten years of their marriage.

Dozens of additional defendants were found guilty in a high-profile trial last year, and Dogan was the single defendant to contest his conviction. He was first handed a term to nine years in prison, a penalty raised on Thursday to 10 years.

The chief prosecutor, Dominique Sie, had argued he should serve twelve years, because he “completely denies to take any responsibility”.

Testimony and Proof

The defendant had initially sent Dominique Pelicot graphic images and then driven an hour from his residence in the region to assault Gisèle Pelicot, after notifying his wife he was going out, the testimony revealed.

The ex-husband, who was transported from isolation in prison to briefly give evidence at the hearing, told the court that the accused had known his wife had been “drugged” and he told to men by phone: “I’m looking for someone to assault my wife after I’ve put her to sleep without her knowledge.”

The trial became a focus point for a larger conversation on sexual violence norms in society as the defendant continued to say he was blameless and had not engaged in violation, stating that because Gisèle Pelicot’s husband had allowed him into the bedroom, his behavior had been permissible.

The jury in the Nîmes appeals court was shown video evidence of the victim's unconscious figure, unconscious and snoring in a comatose state, while a grinning Dogan performed assault on several occasions over a duration of what police said was several hours. The court official said she had been at danger of fatal outcome by asphyxiation. The prosecution said there was no question that she had been unaware and had not agreed.

Dogan's Claims

Dogan informed the court the recordings were simply “sex scenes” and rejected it was violation. He said what he did was “a consensual activity”, not assault. He told the court: “I never raped.” He said Gisèle Pelicot’s husband had brought him to the residence, and therefore it was acceptable. He said he was influenced by the husband. “I tried to halt,” Dogan told the court. “I continued because he convinced me.”

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

Survivor's Statement

The victim, who was cheered upon departing the trial each day by onlookers present to support her, told the defendant in court: “You haven’t understood. When are you going to recognise you violated me? It’s a crime to assault an incapacitated woman. When did I ever give you consent? At no time.”

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

State's Argument

The prosecutor, addressing the victim in court, said the defendant's unwillingness to take blame showed that: “The shame remains. The community is maybe in the process of that, possibly driven by the societal understanding brought by the exposure of your ordeal.”

The prosecutor said the defendant's claims of blamelessness showed how societal tolerance was still widespread in society as part of “outdated” forms of “gender-based power”. He said: “We need to change rape culture to a ethos of permission.”

Sie addressed the defendant: “While you deny it, it’s not just a person, it’s an entire unpleasant societal structure that you are upholding.”

Defendant's Background

Dogan was originated from the country of Turkey and at the age of five relocated to the nation of France, where his parent worked as a concierge. The court heard that his father was aggressive and that Dogan began smoking cannabis aged ten. When Dogan was 17 he was stopped by police for dealing drugs and his father forced him to leave of home. He was incarcerated in prison for drug dealing in his early 20s and had worked as a construction worker but had experienced 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 institution's dining hall. The testimony revealed his spouse did not know he had frequent intimate relations outside their union. His legal team said this was his way of coping with his challenging existence. Dogan had informed a mental health expert that once a year he looked for transactional encounters on his special day. His attorneys stated to the court he had arthritis resulting from the stress of the initial proceedings.