🔗 Share this article

A man has been found guilty on appeal of sexually assaulting Gisèle Pelicot following she was rendered comatose by her then-husband – and was given his prison sentence extended to ten years.

Retrial Proceedings

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

A jury of five men and four women, sitting with three judges, ruled against Dogan on Thursday of raping the victim in her home in southern France in the morning of June 29, 2019.

The evidence showed that Dogan, a married father, connected with Gisèle Pelicot’s then husband, Dominique Pelicot, in an internet forum called “unbeknownst to her”, where Pelicot was looking for men to come to his home to rape his wife after he had drugged her into a unconscious state.

“We hope the panel will say loud and clear that in this country, fundamental rights are also women’s rights – that consent is personal, not transferred,” said Gisèle Pelicot’s lawyer, Antoine Camus. “Permission is received directly and not through someone else from a spouse.”

Background

Dominique Pelicot, one of the worst sex offenders in modern French history, was sentenced to two decades in prison last year for sedating his then wife and soliciting numerous individuals to sexually assault her in her home in the community of Mazan over a span of many years of their marriage.

Numerous other individuals were found guilty in a widely publicized trial last year, and Dogan was the sole individual to appeal against his conviction. He was initially given a sentence to 9 years in prison, a penalty increased on Thursday to a decade.

The chief prosecutor, the prosecutor, had stated he should serve twelve years, because he “completely denies to take any accountability”.

Courtroom Details

The defendant had first sent Dominique Pelicot graphic images and then driven an hour from his residence in Provence to rape Gisèle Pelicot, after notifying his wife he was leaving, the evidence indicated.

Pelicot, who was transported from segregation in prison to temporarily give evidence at the appeal trial, told the court that Dogan had known his wife had been “drugged” and he communicated to men by phone: “I’m looking for someone to abuse my wife after I’ve put her to sleep without her knowledge.”

The courtroom became a focus point for a wider discussion on societal attitudes in society as the defendant continued to claim he was innocent and had not committed rape, contending that because Gisèle Pelicot’s husband had welcomed him into the room, his conduct had been acceptable.

The panel in the higher court was displayed video evidence of the victim's unresponsive form, sedated and breathing heavily in a deep sleep, while a smiling Dogan engaged in violation repeatedly over a timeframe of what police said was 3.5 hours. The judge said she had been at peril of death by asphyxiation. The state's case said there was no question that she had been unconscious and had not consented.

Dogan's Claims

The defendant stated to the court the videos were simply “sexual encounters” and rejected it was assault. He said what he did was “an intimate behavior”, not rape. He told the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had allowed him to the house, and therefore it was permissible. He said he was deceived by the husband. “I attempted to cease,” Dogan told the court. “I carried on because he reassured me.”

Inquired if he wanted to make a final statement to the court, the defendant said: “I never wanted to hurt that woman.”

Survivor's Statement

The victim, who was supported upon leaving court each day by crowds assembled to support her, addressed Dogan in court: “You haven’t understood. When will you acknowledge you violated me? It’s a crime to assault an unconscious 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: “Guilt ought to transfer.”

State's Argument

Sie, turning to Gisèle Pelicot in court, said the defendant's failure to take responsibility showed that: “Guilt has not shifted. The public is maybe in the midst of that, possibly motivated by the societal understanding resulting from the revelation of your case.”

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

Sie said to Dogan: “As long as you deny it, it’s not just a individual, it’s an entire sordid social system that you are supporting.”

Biographical Details

The accused was born in Turkey and at the age of 5 moved to the nation of France, where his father worked as a caretaker. The testimony revealed that his father was abusive and that the defendant began using drugs at the age of 10. When Dogan was seventeen he was stopped by police for drug trafficking and his father kicked him out of home. He was incarcerated in prison for narcotics offenses in his twenties and had worked as a builder but had faced periods of living on the streets.

He was wed and had a child with Down’s syndrome, who he was the principal carer for, as his wife worked in a school canteen. The evidence showed his spouse did not know he had regular extramarital activities beyond their union. His legal team said this was his strategy for managing with his stressful life. Dogan had informed a evaluator that once a year he sought transactional encounters on his birthday. His attorneys told the court he had arthritis resulting from the anxiety of the initial proceedings.