🔗 Share this article

An individual was convicted on retrial of raping Gisele Pelicot following she was rendered comatose by her husband – and has had his jail term extended to ten years.

Higher Court Case

Dogan, 44, an out-of-work construction worker, who had appealed his first conviction last year, experienced a new trial this week at the Nîmes court of appeal.

A jury of five men and four women, accompanied by three judges, convicted Dogan on Thursday of sexually assaulting Pelicot in her residence in Provence in the early hours of June 29, 2019.

The evidence showed that the accused, a married father, reached out to Gisèle Pelicot’s then husband, Dominique Pelicot, in an internet forum titled “without her knowledge”, where the husband was looking for men to come to his home to rape his wife once he had rendered her unconscious into a deep sleep.

“We hope the panel will declare that in this nation, fundamental rights are also women’s rights – that permission is individual, not transferred,” said Gisèle Pelicot’s attorney, Antoine Camus. “Agreement is received personally and not by proxy from a spouse.”

Case History

The ex-husband, one of the worst sexual predators in recent French history, was sentenced to 20 years in prison last year for drugging his spouse and inviting numerous individuals to sexually assault her in her home in the town of the village of Mazan over a duration of nearly ten years of their marriage.

Fifty other men were found guilty in a high-profile trial last year, and Dogan was the single defendant to appeal against his verdict. He was originally given a sentence to 9 years in prison, a penalty raised on Thursday to ten years.

The chief prosecutor, the prosecutor, had argued he should serve 12 years, because he “completely denies to take any blame”.

Evidence Presented

The defendant had initially sent the husband sexually explicit photos and then driven an hour from his town in Provence to assault the victim, after notifying his wife he was going out, the evidence indicated.

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

The proceedings became a central issue for a larger conversation on rape culture in society as Dogan continued to claim he was innocent and had not perpetrated assault, stating that because the victim's husband had allowed him into the residence, his behavior had been acceptable.

The panel in the Nîmes appeals court was displayed recorded footage of the victim's limp body, unconscious and snoring in a deep sleep, while a smiling Dogan committed rape on several occasions over a duration of what authorities reported was 3.5 hours. The presiding judge said she had been at risk of death by asphyxiation. The prosecution said there was absolute certainty that she had been unconscious and had not consented.

Dogan's Claims

Dogan told the court the recordings were simply “intimate moments” and disputed it was violation. He said what he did was “a sexual act”, not rape. He told the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had allowed him to the house, and therefore it was OK. He said he was influenced by the husband. “I tried to halt,” the accused told the court. “I continued because he convinced me.”

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

Survivor's Statement

The victim, who was supported upon exiting the courtroom each day by supporters present to stand with her, said to the defendant in court: “You do not grasp. When are you going to recognise you violated me? It is illegal to assault an unaware woman. At what point did I give you consent? Not once.”

The victim, 72, became an global icon after she relinquished her right to confidentiality in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

Sie, turning to Gisèle Pelicot in court, said the defendant's failure to take responsibility showed that: “The shame remains. The public is maybe in the course of that, maybe driven by the societal understanding brought by the revelation of your ordeal.”

Sie said Dogan’s claims of blamelessness showed how rape culture was still prevalent 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.”

Sie addressed Dogan: “For as much as you reject it, it’s not just a individual, it’s an complete sordid cultural framework that you are endorsing.”

Personal History

Dogan was born in the country of Turkey and at the age of five moved to the nation of France, where his parent worked as a concierge. The testimony revealed that his father was violent and that Dogan began using drugs at the age of ten. When he was seventeen he was apprehended by police for selling narcotics and his parent kicked him out the residence. He was incarcerated in prison for narcotics offenses in his young adulthood and had worked as a builder but had undergone periods of living on the streets.

He was married and had a son with a genetic condition, who he was the main caregiver for, as his wife worked in a educational cafeteria. The court heard his spouse did not know he had frequent sexual encounters beyond their union. His defence said this was his strategy for managing with his challenging existence. Dogan had stated to a mental health expert that once a year he looked for paid sex on his special day. His legal representatives informed the court he had a medical condition caused by the anxiety of the initial proceedings.