🔗 Share this article

A man was declared guilty on appeal of sexually assaulting Gisèle Pelicot after she was sedated by her spouse – and was given his incarceration period raised to ten years.

Retrial Proceedings

The defendant, 44, an out-of-work construction worker, who had contested his first conviction last year, faced a retrial this week at the Nîmes court of appeal.

A jury of four women and five men, joined by three judges, ruled against Dogan on Thursday of sexually assaulting the victim in her bedroom in Provence in the early hours of June 29, 2019.

The evidence showed that Dogan, a married father, reached out to the victim's spouse, Dominique Pelicot, in an online chatroom named “unbeknownst to her”, where the husband was recruiting men to visit his house to rape his wife once he had rendered her unconscious into a unconscious state.

“We hope the panel will declare that in this country, fundamental rights are also women’s rights – that agreement is individual, not given by another,” stated the victim's lawyer, Antoine Camus. “Consent is received personally and not via a representative from a spouse.”

Case History

Dominique Pelicot, among the most severe sex offenders in France's contemporary records, was sentenced to 20 years in prison last year for incapacitating his wife at the time and inviting dozens of men to rape her in her home in the town of the village of Mazan over a duration of almost a decade of their marriage.

Dozens of additional defendants were found convicted in a notable trial last year, and Dogan was the sole individual to appeal against his conviction. He was originally sentenced to 9 years in prison, a punishment raised on Thursday to a decade.

The lead state prosecutor, Dominique Sie, had contended he should serve 12 years, because he “absolutely refuses to take any blame”.

Courtroom Details

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

The ex-husband, who was transported from isolation in prison to briefly testify at the retrial, informed the court that the accused had understood his wife had been “sedated” and he told to men by phone: “I’m looking for someone to abuse my wife after I’ve put her to sleep unbeknownst to her.”

The proceedings became a focus point for a larger conversation on rape culture in society as the defendant continued to assert he was not guilty and had not committed rape, stating that because Gisèle Pelicot’s husband had invited him into the bedroom, his conduct had been justifiable.

The jury in the higher court was displayed visual proof of Gisèle Pelicot’s unconscious figure, sedated and breathing heavily in a deep sleep, while a grinning the perpetrator engaged in violation repeatedly over a period of what investigators stated was three and a half hours. The presiding judge said she had been at danger of fatal outcome by suffocation. The state prosecution said there was absolute certainty that she had been incapacitated and had not given permission.

Accused's Testimony

The defendant told the court the recordings were simply “sexual encounters” and disputed it was rape. He said what he did was “a consensual activity”, not rape. He stated the court: “I never raped.” He said Gisèle Pelicot’s husband had invited him to the home, and therefore it was acceptable. He said he was deceived by the husband. “I wanted to stop,” the accused told the court. “I proceeded because he persuaded me.”

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

Pelicot's Words

The victim, who was applauded upon exiting the courtroom each day by crowds gathered to stand with her, said to Dogan in court: “You fail to comprehend. When will you admit you raped me? It’s a crime to assault an incapacitated woman. At what point did I give you agreement? Never.”

The victim, 72, became an global icon after she waived her right to confidentiality in the trial last year when she said: “Shame must change sides.”

State's Argument

The prosecutor, addressing Gisèle Pelicot in court, said Dogan’s refusal to take responsibility showed that: “Guilt has not shifted. The community is perhaps in the process of that, possibly propelled by the collective awareness spurred by the publication of your ordeal.”

Sie said Dogan’s claims of blamelessness showed how societal tolerance was still prevalent in society as part of “old-fashioned” forms of “patriarchal control”. He said: “Now we must change rape culture to a culture of consent.”

Sie told Dogan: “As long as you reject it, it’s not just a woman, it’s an complete unpleasant cultural framework that you are supporting.”

Personal History

The accused was originated from Turkey and at the age of 5 came to France, where his parent worked as a building manager. The court heard that his parent was aggressive and that the defendant began using drugs aged ten. When he was seventeen he was apprehended by authorities for selling narcotics and his father evicted him the residence. He spent time in prison for trafficking in his early 20s and had worked as a laborer but had experienced periods of being unhoused.

He was wed and had a child with special needs, who he was the primary guardian for, as his wife worked in a school canteen. The testimony revealed his wife did not know he had frequent intimate relations outside their union. His defence said this was his strategy for managing with his difficult circumstances. Dogan had told a court psychologist that annually he looked for commercial sex on his special day. His legal representatives told the court he had arthritis resulting from the anxiety of the original case.