🔗 Share this article

A defendant has been found guilty on appeal of sexually assaulting Gisele Pelicot following she was drugged unconscious by her then-husband – and has had his incarceration period increased to 10 years.

Retrial Proceedings

Dogan, 44, an out-of-work construction worker, who had appealed his first conviction last year, underwent a new trial this week at the Nîmes court of appeal.

A panel of nine jurors, joined by three judges, convicted Dogan on Thursday of sexually assaulting Pelicot in her home in Provence in the early hours of June 29, 2019.

The evidence showed that Dogan, a married father, connected with the victim's spouse, the husband, in an digital platform called “without her knowledge”, where Pelicot was looking for men to visit his house to assault his wife once he had sedated her into a comatose state.

We trust the court will say loud and clear that in this country, fundamental rights are also women’s rights – that permission is personal, not delegated,” said the victim's lawyer, Antoine Camus. “Permission is received directly and not via a representative from a spouse.”

Context

The ex-husband, one of the worst sex offenders in recent French history, was handed a sentence to two decades in prison last year for incapacitating his then wife and inviting multiple perpetrators to sexually assault her in her home in the community of Mazan over a period of nearly ten years of their marriage.

Fifty other men were found culpable in a notable trial last year, and the appellant was the sole individual to appeal against his verdict. He was originally given a sentence to nine years in prison, a punishment increased on Thursday to 10 years.

The lead state prosecutor, Dominique Sie, had stated he should serve 12 years, because he “completely denies to take any responsibility”.

Testimony and Proof

The defendant had first sent Dominique Pelicot inappropriate pictures and then traveled an hour from his village in the region to rape the victim, after informing his wife he was leaving, the testimony revealed.

The ex-husband, who was transported from isolation in prison to temporarily provide testimony at the appeal trial, informed the court that the accused had known his wife had been “sedated” and he communicated to men by phone: “I’m looking for someone to assault my wife after I’ve sedated her unbeknownst to her.”

The trial became a key topic for a wider discussion on rape culture in society as Dogan continued to assert he was not guilty and had not committed rape, arguing that because the victim's husband had allowed him into the bedroom, his behavior had been permissible.

The jury in the higher court was displayed visual proof of the victim's limp body, sedated and breathing heavily in a comatose state, while a grinning Dogan engaged in violation repeatedly over a duration of what police said was 3.5 hours. The presiding judge said she had been at danger of fatal outcome by choking. The state's case said there was absolute certainty that she had been unconscious and had not agreed.

Defendant's Statements

Dogan told the court the footage were simply “intimate moments” and disputed it was violation. He said what he did was “a consensual activity”, not assault. He told the court: “I did not commit rape.” He said the victim's husband had allowed him to the house, and therefore it was permissible. He said he was deceived by Dominique Pelicot. “I wanted to stop,” Dogan stated to the court. “I carried on because he reassured me.”

Inquired if he wanted to make a last words to the court, Dogan said: “I had no desire to injure that lady.”

Pelicot's Words

The victim, who was cheered upon exiting the courtroom each day by onlookers gathered to stand with her, told the defendant in court: “You fail to comprehend. When are you going to recognise you violated me? It’s a crime to assault an incapacitated woman. At what point did I give you permission? Never.”

Gisèle Pelicot, seventy-two, became an symbol of resistance after she relinquished her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

The prosecutor, speaking to the victim in court, said the defendant's refusal to take responsibility showed that: “The shame remains. Society is perhaps in the midst of that, maybe driven by the societal understanding resulting from the revelation of your ordeal.”

The prosecutor said Dogan’s claims of blamelessness showed how normalized violence was still common in society as part of “archaic” forms of “male domination”. He said: “It is imperative to change rape culture to a ethos of permission.”

The prosecutor told 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 born in the country of Turkey and at the age of 5 moved to France, where his father worked as a concierge. The court heard that his father was aggressive and that the defendant began smoking cannabis at the age of ten. When Dogan was 17 he was caught by authorities for dealing drugs and his father forced him to leave the residence. He spent time in prison for drug dealing in his early 20s and had worked as a construction worker but had experienced periods of homelessness.

He was married and had a child with a genetic condition, 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 regular intimate relations outside their union. His defence said this was his strategy for managing with his stressful life. The defendant had stated to a court psychologist that once a year he engaged in paid sex on his special day. His legal representatives informed the court he had arthritis caused by the stress of the initial proceedings.