🔗 Share this article

An individual has been found guilty on retrial of raping Gisele Pelicot following she was sedated by her spouse – and has had his jail term raised to 10 years.

Appeal Trial

Dogan, forty-four, an unemployed builder, who had appealed his first conviction last year, experienced a appeal hearing this week at the appeals court in Nîmes.

A panel of nine jurors, sitting with 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 testimony revealed that the accused, a family man, made contact with Gisèle Pelicot’s then husband, Dominique Pelicot, in an internet forum called “without her consent”, where Pelicot was seeking men to come to his home to rape his wife after he had rendered her unconscious into a deep sleep.

We expect the jury will affirm that in this country, human rights are also rights of women – that agreement is personal, not given by another,” said the victim's lawyer, her legal representative. “Permission is secured directly and not via a representative from a spouse.”

Context

The ex-husband, among the most severe sex offenders in recent French history, was given a prison term to twenty years in prison last year for drugging his then wife and soliciting numerous individuals to sexually assault her in her home in the town of Mazan over a span of nearly ten years of their marriage.

Dozens of additional defendants were found culpable in a notable trial last year, and Dogan was the sole individual to contest his sentence. He was first handed a term to nine years in prison, a sentence enhanced on Thursday to 10 years.

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

Courtroom Details

Dogan had initially sent the husband sexually explicit photos and then driven an hour from his village in the region to rape Gisèle Pelicot, after notifying his wife he was stepping out, the evidence indicated.

The ex-husband, who was transported from solitary confinement in prison to briefly testify at the hearing, stated to the court that the accused had been aware his wife had been “drugged” and he said to men by phone: “I’m looking for someone to abuse my wife after I’ve rendered her unconscious without her knowledge.”

The proceedings became a central issue for a broader debate on sexual violence norms in society as Dogan continued to assert he was not guilty and had not engaged in violation, stating that because the victim's husband had allowed him into the residence, his behavior had been acceptable.

The panel in the higher court was displayed recorded footage of Gisèle Pelicot’s limp body, comatose and snoring in a comatose state, while a smiling the perpetrator performed assault multiple times over a timeframe of what investigators stated was several hours. The judge said she had been at danger of fatal outcome by choking. The state prosecution said there was no question that she had been unaware and had not consented.

Defendant's Statements

Dogan stated to the court the videos were simply “sex scenes” and rejected it was assault. He said what he did was “a sexual act”, not rape. He stated the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had allowed him to the house, and therefore it was acceptable. He said he was influenced by Dominique Pelicot. “I tried to halt,” the accused informed the court. “I proceeded because he persuaded me.”

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

Victim's Response

The survivor, who was supported upon exiting the courtroom each day by supporters present to stand with her, addressed Dogan in court: “You haven’t understood. When will you acknowledge you raped me? It is illegal to rape an incapacitated woman. When did I ever give you permission? At no time.”

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

State's Argument

The prosecutor, speaking to the victim in court, said Dogan’s refusal to take responsibility showed that: “Shame has not yet changed sides. The public is maybe in the process of that, possibly motivated by the collective awareness resulting from the publication of your situation.”

The prosecutor said Dogan’s claims of non-guilt showed how rape culture was still prevalent in society as part of “old-fashioned” forms of “male domination”. He said: “We need to change the culture of violence to a culture of consent.”

The prosecutor told Dogan: “For as much as you refuse to admit it, it’s not just a person, it’s an whole disturbing cultural framework that you are upholding.”

Defendant's Background

The accused was born in Turkey and at the age of 5 relocated to the nation of France, where his father worked as a building manager. The court heard that his parent was violent and that Dogan began smoking cannabis aged ten. When Dogan was seventeen he was caught by police for dealing drugs and his father forced him to leave of home. He spent time in prison for drug dealing in his early 20s and had worked as a construction worker but had undergone periods of being unhoused.

He was married and had a son with a genetic condition, who he was the principal carer for, as his spouse worked in a educational cafeteria. The testimony revealed his spouse did not know he had repeated extramarital activities beyond their marriage. His defence said this was his way of coping with his challenging existence. The defendant had informed a mental health expert that once a year he engaged in transactional encounters on his birthday. His attorneys informed the court he had arthritis resulting from the anxiety of the first trial.