🔗 Share this article

An individual was declared guilty on retrial of sexually assaulting Gisèle Pelicot after she was sedated by her spouse – and has had his incarceration period extended to a decade.

Retrial Proceedings

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

A panel of nine jurors, joined by three judges, convicted Dogan on Thursday of raping Pelicot in her bedroom in the south of France in the early hours of June 29, 2019.

The evidence showed that Dogan, a family man, reached out to Gisèle Pelicot’s husband at the time, Dominique Pelicot, in an digital platform named “without her consent”, where the husband was recruiting men to enter his residence to assault his wife once he had rendered her unconscious into a comatose state.

“We hope the court will say loud and clear that in this country, fundamental rights are also rights of women – that agreement is personal, not transferred,” declared the victim's attorney, her legal representative. “Consent is secured personally and not by proxy from a spouse.”

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 then wife and inviting multiple perpetrators to sexually assault her in her home in the community of the village of Mazan over a period of many years of their union.

Dozens of additional defendants were found convicted in a notable trial last year, and the appellant was the single defendant to contest his conviction. He was originally sentenced to 9 years in prison, a punishment raised on Thursday to ten 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

Dogan had first sent the husband inappropriate pictures and then traveled an hour from his residence in the region to rape Gisèle Pelicot, after notifying his wife he was stepping out, the court heard.

Pelicot, who was transported from isolation in prison to temporarily provide testimony at the appeal trial, stated to the court that Dogan had known his wife had been “incapacitated” and he said to men by phone: “I seek someone to assault my wife after I’ve sedated her unbeknownst to her.”

The proceedings became a focus point for a larger conversation on rape culture in society as the defendant continued to say he was blameless and had not committed rape, stating that because Gisèle Pelicot’s husband had allowed him into the room, his behavior had been permissible.

The panel in the Nîmes appeals court was shown recorded footage of the victim's unconscious figure, sedated and snoring in a comatose state, while a smiling Dogan engaged in violation repeatedly over a timeframe of what investigators stated was three and a half hours. The judge said she had been at risk of death by asphyxiation. The state's case said there was no question that she had been unconscious and had not given permission.

Defendant's Statements

The defendant stated to the court the footage were simply “sexual encounters” and denied it was violation. He said what he did was “an intimate behavior”, not assault. He stated the court: “I never raped.” He said the victim's husband had allowed him to the home, and therefore it was acceptable. He said he was deceived by Dominique Pelicot. “I tried to halt,” the accused told the court. “I continued because he convinced me.”

Questioned if he wanted to make a last words to the court, the defendant said: “I did not intend to hurt that woman.”

Survivor's Statement

The victim, who was applauded upon exiting the courtroom each day by supporters assembled to back her, told the defendant in court: “You haven’t understood. When will you acknowledge you assaulted me? It is unlawful to assault an incapacitated woman. When did I ever give you permission? Not once.”

The victim, 72, became an global icon after she waived her right to confidentiality in the trial last year when she said: “The shame should shift.”

Legal Commentary

The prosecutor, addressing the victim in court, said Dogan’s unwillingness to take responsibility showed that: “The shame remains. The community is maybe in the process of that, perhaps motivated by the societal understanding resulting from the publication of your situation.”

The prosecutor said the defendant's claims of innocence showed how societal tolerance was still prevalent in society as part of “archaic” forms of “gender-based power”. He said: “We need to change the culture of violence to a culture of consent.”

Sie said to Dogan: “As long as you refuse to admit it, it’s not just a individual, it’s an whole unpleasant societal structure that you are supporting.”

Personal History

The accused was born in Turkey and at the age of five relocated to the nation of France, where his father worked as a concierge. The evidence indicated that his parent was aggressive and that the defendant began using drugs aged 10. When he was seventeen he was stopped by police for selling narcotics and his parent evicted him the residence. He was incarcerated in prison for trafficking in his early 20s and had worked as a builder but had experienced periods of living on the streets.

He was wed and had a child with Down’s syndrome, 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 regular intimate relations 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 once a year he sought paid sex on his special day. His lawyers stated to the court he had joint inflammation resulting from the stress of the first trial.