🔗 Share this article

A man was declared guilty on retrial of raping Gisèle Pelicot following she was drugged unconscious by her husband – and has had his prison sentence extended to ten years.

Retrial Proceedings

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

A jury of four women and five men, accompanied by three judges, found Dogan guilty on Thursday of sexually assaulting the victim in her residence in the south of France in the morning of June 29, 2019.

The testimony revealed that Dogan, a married father, made contact with the victim's husband at the time, the husband, in an internet forum called “without her consent”, where the husband was looking for men to enter his residence to rape his wife after he had drugged her into a unconscious state.

We expect the court will affirm that in this country, fundamental rights are also rights of women – that permission is individual, not given by another,” declared Gisèle Pelicot’s attorney, Antoine Camus. “Consent is received directly and not via a representative from a spouse.”

Context

The husband, a notorious sex offenders in recent French history, was given a prison term to twenty years in prison last year for sedating his spouse and inviting multiple perpetrators to sexually assault her in her home in the Provence village of Mazan over a duration of nearly ten years of their marriage.

Numerous other individuals were found culpable in a notable trial last year, and the appellant was the single defendant to appeal against his sentence. He was initially given a sentence to nine years in prison, a penalty increased on Thursday to a decade.

The state's attorney, Dominique Sie, had contended he should serve 12 years, because he “stubbornly rejects to take any accountability”.

Evidence Presented

Dogan had first sent Dominique Pelicot inappropriate pictures and then traveled an hour from his town in the region to rape the victim, after informing his wife he was leaving, the court heard.

The ex-husband, who was transported from isolation in prison to temporarily provide testimony at the retrial, stated to the court that the accused had known his wife had been “sedated” and he said to men by phone: “I seek someone to assault my wife after I’ve rendered her unconscious unbeknownst to her.”

The courtroom became a key topic for a broader debate on rape culture in society as the defendant continued to assert he was blameless and had not perpetrated assault, contending that because Gisèle Pelicot’s husband had allowed him into the residence, his behavior had been permissible.

The panel in the higher court was presented with recorded footage of Gisèle Pelicot’s limp body, unconscious and breathing heavily in a deep sleep, while a grinning the perpetrator engaged in violation repeatedly over a duration of what police said was 3.5 hours. The court official said she had been at risk of death by suffocation. The state prosecution said there was absolute certainty that she had been unaware and had not given permission.

Accused's Testimony

Dogan informed the court the videos were simply “sex scenes” and rejected it was violation. He said what he did was “a sexual act”, not rape. He stated the court: “I never raped.” He said Gisèle Pelicot’s husband had allowed him to the residence, and therefore it was OK. He said he was manipulated by Dominique Pelicot. “I tried to halt,” the accused told the court. “I carried on because he convinced me.”

Inquired if he wanted to make a final statement to the court, Dogan said: “I had no desire to harm that lady.”

Victim's Response

The survivor, who was cheered upon exiting the courtroom each day by supporters gathered to stand with her, said to the defendant in court: “You haven’t understood. When will you acknowledge you assaulted me? It is illegal to assault an unaware woman. When did I ever give you permission? Not once.”

Gisèle Pelicot, seventy-two, became an international feminist hero 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 Gisèle Pelicot in court, said the defendant's unwillingness to take responsibility showed that: “Guilt has not shifted. The public is possibly in the course of that, perhaps motivated by the collective awareness resulting from the exposure of your situation.”

The prosecutor said Dogan’s claims of non-guilt showed how rape culture was still common in society as part of “old-fashioned” forms of “patriarchal control”. He said: “It is imperative to change the culture of violence to a culture of consent.”

The prosecutor told the defendant: “While you reject it, it’s not just a woman, it’s an whole sordid social system that you are upholding.”

Biographical Details

Dogan was originated from Turkey and at the age of five relocated to the nation of France, where his parent worked as a concierge. The testimony revealed that his father was aggressive and that Dogan began smoking cannabis at the age of ten. When he was 17 he was caught by authorities for drug trafficking and his father forced him to leave the family house. He was incarcerated in prison for trafficking in his young adulthood and had worked as a builder but had experienced periods of living on the streets.

He was married and had a son with Down’s syndrome, who he was the principal carer for, as his spouse worked in a institution's dining hall. The court heard his wife did not know he had repeated extramarital activities beyond their marriage. His legal team said this was his method of dealing with his difficult circumstances. The defendant had told a evaluator that each year he engaged in transactional encounters on his special day. His lawyers stated to the court he had a medical condition resulting from the pressure of the initial proceedings.