🔗 Share this article

A man was convicted on appeal of sexually assaulting Gisele Pelicot after she was drugged unconscious by her spouse – and has had his incarceration period increased to ten years.

Retrial Proceedings

The defendant, 44, an out-of-work construction worker, who had challenged his initial guilty verdict last year, experienced a new trial this week at the Nîmes court of appeal.

A panel of nine jurors, joined by three judges, ruled against Dogan on Thursday of raping Pelicot in her home in southern France in the early hours of June 29, 2019.

The evidence showed that the accused, a married father, reached out to the victim's spouse, the husband, in an online chatroom named “without her consent”, where Pelicot was looking for men to come to his home to assault his wife once he had sedated her into a deep sleep.

“We hope the panel will declare that in this society, human rights are also women’s rights – that agreement is individual, not delegated,” said the victim's attorney, Antoine Camus. “Consent is received directly and not by proxy from a spouse.”

Context

The husband, a notorious sex offenders in modern French history, was given a prison term to twenty years in prison last year for incapacitating his spouse and bringing in dozens of men to rape her in her home in the town of the village of Mazan over a duration of nearly ten years of their union.

Dozens of additional defendants were found culpable in a notable trial last year, and the appellant was the only man to appeal against his conviction. He was initially handed a term to 9 years in prison, a sentence enhanced on Thursday to ten years.

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

Courtroom Details

The defendant had initially sent Dominique Pelicot sexually explicit photos and then driven an hour from his residence in the region to assault Gisèle Pelicot, after notifying his wife he was leaving, the court heard.

The ex-husband, who was transported from segregation in prison to briefly give evidence at the hearing, told the court that the accused had been aware his wife had been “drugged” and he said to men by phone: “I want someone to assault my wife after I’ve put her to sleep without her knowledge.”

The trial became a key topic for a wider discussion on sexual violence norms in society as Dogan continued to claim he was blameless and had not perpetrated assault, arguing that because the victim's husband had allowed him into the bedroom, his conduct had been acceptable.

The jury in the Nîmes appeals court was shown visual proof of Gisèle Pelicot’s unconscious figure, comatose and breathing heavily in a deep sleep, while a smiling the perpetrator engaged in violation repeatedly over a duration of what investigators stated was three and a half hours. The court official said she had been at peril of fatal outcome by choking. The prosecution said there was absolute certainty that she had been unaware and had not given permission.

Defendant's Statements

Dogan stated to the court the videos were simply “sexual encounters” and denied it was rape. He said what he did was “an intimate behavior”, not assault. He stated the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had allowed him to the residence, and therefore it was OK. He said he was influenced by the husband. “I wanted to stop,” Dogan informed the court. “I carried on because he convinced me.”

Asked if he wanted to make a last words to the court, Dogan said: “I had no desire to injure that woman.”

Survivor's Statement

Gisèle Pelicot, who was cheered upon exiting the courtroom each day by crowds present to back her, told Dogan in court: “You haven’t understood. When are you going to recognise you raped me? It is illegal to assault an incapacitated woman. At what point did I give you permission? At no time.”

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

Legal Commentary

The prosecutor, speaking to Gisèle Pelicot in court, said Dogan’s failure to take responsibility showed that: “Guilt has not shifted. Society is possibly in the course of that, perhaps motivated by the collective awareness spurred by the revelation of your situation.”

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

The prosecutor said to Dogan: “As long as you reject it, it’s not just a individual, it’s an entire disturbing social system that you are upholding.”

Biographical Details

Dogan was originated from Turkey and at the age of 5 relocated to the nation of France, where his parent worked as a building manager. The evidence indicated that his parent was abusive and that the defendant began smoking cannabis at the age of 10. When he was 17 he was stopped by police for drug trafficking and his father kicked him out the residence. He spent time in prison for drug dealing in his early 20s and had worked as a construction worker but had faced periods of homelessness.

He was wed and had a son with special needs, who he was the main caregiver for, as his wife worked in a school canteen. The court heard his wife did not know he had repeated intimate relations beyond their marriage. His defence said this was his method of dealing with his difficult circumstances. The defendant had informed a evaluator that each year he engaged in commercial sex on his birthday. His lawyers stated to the court he had a medical condition triggered by the stress of the original case.