🔗 Share this article

An individual was convicted on higher court review of raping Gisele Pelicot following she was drugged unconscious by her then-husband – and has had his incarceration period raised to a decade.

Appeal Trial

The defendant, forty-four, an out-of-work construction worker, who had appealed his first conviction last year, faced a new trial this week at the appeals court in Nîmes.

A jury of five men and four women, accompanied by three judges, ruled against Dogan on Thursday of raping Pelicot in her bedroom in the south of France in the morning of 29 June 2019.

The court heard that Dogan, a married father, made contact with Gisèle Pelicot’s then husband, the husband, in an internet forum titled “unbeknownst to her”, where the husband was seeking men to visit his house to rape his wife once he had sedated her into a comatose state.

We expect the panel will affirm that in this nation, fundamental rights are also women’s rights – that consent is individual, not delegated,” stated the victim's attorney, her legal representative. “Agreement is obtained personally and not by proxy from a spouse.”

Context

Dominique Pelicot, a notorious sex offenders in recent French history, was handed a sentence to twenty years in prison last year for drugging his wife at the time and bringing in multiple perpetrators to rape her in her home in the town of the village of Mazan over a duration of almost a decade of their marriage.

Fifty other men were found convicted in a widely publicized trial last year, and Dogan was the sole individual to contest his sentence. He was first given a sentence to nine years in prison, a sentence enhanced on Thursday to 10 years.

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

Courtroom Details

The defendant had initially sent the husband graphic images and then driven an hour from his residence in Provence to rape Gisèle Pelicot, after telling his wife he was stepping out, the testimony revealed.

The ex-husband, who was brought from isolation in prison to briefly provide testimony at the retrial, stated to the court that the accused had been aware his wife had been “sedated” and he told to men by phone: “I want someone to assault my wife after I’ve sedated her without her knowledge.”

The courtroom became a key topic for a larger conversation on societal attitudes in society as Dogan continued to say he was blameless and had not engaged in violation, arguing that because the victim's husband had welcomed him into the bedroom, his actions had been justifiable.

The panel in the higher court was presented with visual proof of the victim's unresponsive form, comatose and breathing heavily in a unconscious condition, while a smiling the perpetrator engaged in violation on several occasions over a timeframe of what police said was several hours. The judge said she had been at danger of fatal outcome by choking. The state prosecution said there was absolute certainty that she had been unconscious and had not given permission.

Accused's Testimony

The defendant stated to the court the recordings were simply “sexual encounters” and disputed it was assault. He said what he did was “a consensual activity”, not assault. He stated the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had invited him to the residence, and therefore it was acceptable. He said he was manipulated by the husband. “I wanted to stop,” Dogan told the court. “I continued because he persuaded me.”

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

Survivor's Statement

Gisèle Pelicot, who was cheered upon leaving court each day by onlookers gathered to stand with her, told the defendant in court: “You do not grasp. When will you admit you raped me? It is unlawful to assault an incapacitated woman. How could I have give you permission? 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.”

State's Argument

Sie, addressing the victim in court, said the defendant's failure to take blame showed that: “Shame has not yet changed sides. The community is maybe in the process of that, possibly propelled by the societal understanding resulting from the revelation of your case.”

The prosecutor said the defendant's claims of non-guilt showed how societal tolerance was still common in society as part of “archaic” forms of “patriarchal control”. He said: “We need to change the culture of violence to a society based on agreement.”

The prosecutor addressed Dogan: “For as much 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 the country of Turkey and at the age of five relocated to France, where his parent worked as a caretaker. The testimony revealed that his father was aggressive and that Dogan began consuming marijuana aged 10. When he was 17 he was stopped by police for drug trafficking and his father forced him to leave of home. He served time in prison for trafficking in his twenties and had worked as a builder but had experienced periods of living on the streets.

He was wed and had a son with a genetic condition, who he was the primary guardian for, as his wife worked in a school canteen. The evidence showed his wife did not know he had repeated sexual encounters beyond their union. His legal team said this was his method of dealing with his challenging existence. Dogan had informed a mental health expert that once a year he sought paid sex on his special day. His legal representatives informed the court he had joint inflammation triggered by the stress of the original case.