🔗 Share this article

A man was declared guilty on higher court review of raping Gisele Pelicot after she was sedated by her then-husband – and was given his jail term raised to 10 years.

Higher Court Case

Dogan, 44, an unemployed builder, who had contested his first conviction last year, experienced a new trial this week at the appeals court in Nîmes.

A panel of nine jurors, accompanied by three judges, ruled against Dogan on Thursday of sexually assaulting the victim in her residence in Provence in the early hours of 29 June 2019.

The court heard that Dogan, a family man, connected with Gisèle Pelicot’s then husband, Dominique Pelicot, in an digital platform titled “without her knowledge”, where Pelicot was seeking men to enter his residence to rape his wife after he had rendered her unconscious into a comatose state.

“We hope the court will say loud and clear that in this nation, fundamental rights are also rights of women – that permission is personal, not given by another,” stated the victim's lawyer, Antoine Camus. “Consent is received personally and not by proxy from a spouse.”

Background

Dominique Pelicot, one of the worst sexual predators in modern French history, was given a prison term to 20 years in prison last year for incapacitating his wife at the time and bringing in dozens of men to sexually assault her in her home in the community of the village of Mazan over a period of nearly ten years of their marriage.

Numerous other individuals were found guilty in a notable trial last year, and Dogan was the single defendant to appeal against his conviction. He was initially handed a term to 9 years in prison, a penalty raised on Thursday to ten years.

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

Courtroom Details

Dogan had first sent Dominique Pelicot sexually explicit photos and then traveled an hour from his village in the region to rape the victim, after telling his wife he was leaving, the testimony revealed.

Pelicot, who was transported from segregation in prison to briefly testify at the hearing, informed the court that Dogan had known his wife had been “sedated” and he said to men by phone: “I’m looking for someone to assault my wife after I’ve rendered her unconscious without her consent.”

The proceedings became a central issue for a larger conversation on societal attitudes in society as the defendant continued to assert he was blameless and had not committed rape, arguing that because Gisèle Pelicot’s husband had allowed him into the room, his conduct had been justifiable.

The panel in the higher court was presented with visual proof of Gisèle Pelicot’s unconscious figure, unconscious and snoring in a deep sleep, while a smiling Dogan committed rape repeatedly 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 asphyxiation. The prosecution said there was no question that she had been incapacitated and had not agreed.

Accused's Testimony

The defendant stated to the court the footage were simply “intimate moments” and disputed it was assault. He said what he did was “a sexual act”, not assault. 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 permissible. He said he was influenced by Dominique Pelicot. “I wanted to stop,” Dogan told the court. “I continued because he reassured me.”

Questioned if he wanted to make a final statement to the court, Dogan said: “I did not intend to harm that lady.”

Victim's Response

The victim, who was supported upon leaving court each day by supporters gathered to support her, addressed the defendant in court: “You haven’t understood. When will you acknowledge you violated me? It is illegal to rape an unaware woman. How could I have give you permission? Not once.”

The victim, 72, became an international feminist hero after she relinquished 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 unwillingness to take accountability showed that: “Shame has not yet changed sides. The public is perhaps in the midst of that, maybe propelled by the societal understanding brought by the publication of your ordeal.”

The prosecutor said the defendant's claims of non-guilt showed how normalized violence was still common in society as part of “old-fashioned” forms of “male domination”. He said: “It is imperative to change rape culture to a society based on agreement.”

Sie addressed Dogan: “While you refuse to admit it, it’s not just a individual, it’s an complete sordid cultural framework that you are endorsing.”

Defendant's Background

Dogan was born in Turkey and at the age of 5 came to France, where his parent worked as a building manager. The testimony revealed that his father was aggressive and that the defendant began using drugs aged ten. When he was 17 he was stopped by police for selling narcotics and his parent forced him to leave of home. He was incarcerated in prison for drug dealing in his young adulthood and had worked as a laborer 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 spouse worked in a school canteen. The evidence showed his spouse did not know he had regular sexual encounters outside their marriage. His legal team said this was his strategy for managing with his difficult circumstances. The defendant had told a mental health expert that annually he sought paid sex on his special day. His attorneys stated to the court he had a medical condition triggered by the anxiety of the first trial.