🔗 Share this article

A defendant was declared guilty on retrial of sexually assaulting Gisele Pelicot following she was sedated by her then-husband – and received his jail term increased to 10 years.

Appeal Trial

The defendant, forty-four, an unemployed builder, who had appealed his initial guilty verdict last year, underwent a appeal hearing this week at the higher court in Nîmes.

A jury of four women and five men, sitting with three judges, found Dogan guilty on Thursday of sexually assaulting Pelicot in her residence in southern France in the morning of June 29, 2019.

The evidence showed that the accused, a married father, connected with the victim's spouse, Dominique Pelicot, in an online chatroom titled “without her knowledge”, where Pelicot was recruiting men to come to his home to rape his wife once he had rendered her unconscious into a unconscious state.

We trust the panel will declare that in this society, fundamental rights are also rights of women – that consent is individual, not transferred,” said the victim's lawyer, Antoine Camus. “Permission is secured directly and not by proxy from a spouse.”

Case History

The ex-husband, among the most severe sexual predators in France's contemporary records, was sentenced to 20 years in prison last year for sedating his spouse and inviting numerous individuals to sexually assault her in her home in the Provence village of Mazan over a duration of many years of their union.

Dozens of additional defendants were found culpable in a widely publicized trial last year, and Dogan was the single defendant to appeal against his conviction. He was initially given a sentence to nine years in prison, a penalty enhanced on Thursday to 10 years.

The state's attorney, the prosecutor, had argued he should serve 12 years, because he “absolutely refuses to take any responsibility”.

Evidence Presented

Dogan had first sent Dominique Pelicot graphic images and then traveled an hour from his town in Provence to rape the victim, after informing his wife he was stepping out, the evidence indicated.

The ex-husband, who was brought from segregation in prison to temporarily provide testimony at the appeal trial, told the court that the accused had known his wife had been “incapacitated” and he communicated to men by phone: “I seek someone to abuse my wife after I’ve sedated her unbeknownst to her.”

The proceedings became a key topic for a wider discussion on rape culture in society as the defendant continued to assert he was blameless and had not perpetrated assault, contending that because the victim's husband had welcomed him into the residence, his actions had been permissible.

The panel in the Nîmes appeals court was shown video evidence of Gisèle Pelicot’s unresponsive form, sedated and breathing heavily in a comatose state, while a grinning Dogan committed rape repeatedly over a timeframe of what police said was three and a half hours. The judge said she had been at danger of fatal outcome by suffocation. The state prosecution said there was no doubt that she had been unaware and had not consented.

Dogan's Claims

Dogan informed the court the recordings were simply “sexual encounters” and disputed it was rape. He said what he did was “a sexual act”, not assault. He declared the court: “I never raped.” He said the victim's husband had allowed him to the residence, and therefore it was acceptable. He said he was influenced by Dominique Pelicot. “I tried to halt,” the accused informed the court. “I carried on because he reassured me.”

Inquired if he wanted to make a last words to the court, Dogan said: “I never wanted to hurt that individual.”

Pelicot's Words

The survivor, who was applauded upon exiting the courtroom each day by supporters assembled to support her, addressed the defendant in court: “You haven’t understood. When will you acknowledge you raped me? It is unlawful to assault an unconscious woman. How could I have give you agreement? Not once.”

The victim, 72, became an symbol of resistance after she gave up her right to privacy in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

Sie, speaking to Gisèle Pelicot in court, said Dogan’s unwillingness to take accountability showed that: “Guilt has not shifted. The community is possibly in the midst of that, perhaps driven by the collective awareness brought by the publication of your ordeal.”

The prosecutor said the defendant's claims of blamelessness showed how rape culture was still common in society as part of “outdated” forms of “male domination”. He said: “It is imperative to change rape culture to a culture of consent.”

The prosecutor said to Dogan: “While you refuse to admit it, it’s not just a woman, it’s an complete sordid social system that you are upholding.”

Biographical Details

The accused was originated from the country of Turkey and at the age of five moved to France, where his parent worked as a caretaker. The court heard that his parent was abusive and that the defendant began smoking cannabis aged 10. When Dogan was 17 he was apprehended by police for selling narcotics and his parent kicked him out the residence. He spent time in prison for narcotics offenses in his early 20s and had worked as a laborer but had faced periods of homelessness.

He was wed and had a child with a genetic condition, who he was the main caregiver for, as his spouse worked in a school canteen. The court heard his wife did not know he had regular extramarital activities beyond their union. His legal team said this was his method of dealing with his difficult circumstances. Dogan had informed a mental health expert that annually he looked for commercial sex on his birthday. His lawyers informed the court he had a medical condition caused by the anxiety of the first trial.