🔗 Share this article

A man has been found guilty on retrial of sexually assaulting Gisele Pelicot following she was rendered comatose by her spouse – and has had his prison sentence raised to ten years.

Appeal Trial

The defendant, forty-four, an unemployed builder, who had contested his first conviction last year, experienced a new trial this week at the appeals court in Nîmes.

A panel of five men and four women, sitting with three judges, ruled against Dogan on Thursday of raping Pelicot in her home in the south of France in the early hours of June 29, 2019.

The evidence showed that the accused, a married father, connected with the victim's then husband, the husband, in an online chatroom named “without her knowledge”, where the husband was seeking men to enter his residence to assault his wife after he had drugged her into a unconscious state.

We expect the jury will say loud and clear that in this country, fundamental rights are also rights of women – that consent is personal, not delegated,” said Gisèle Pelicot’s lawyer, Antoine Camus. “Consent is obtained personally and not by proxy from a spouse.”

Case History

The ex-husband, one of the worst sexual predators in modern French history, was handed a sentence to 20 years in prison last year for drugging his then wife and bringing in multiple perpetrators to rape her in her home in the community of Mazan over a duration of almost a decade of their union.

Fifty other men were found guilty in a high-profile trial last year, and Dogan was the sole individual to challenge his sentence. He was initially given a sentence to nine years in prison, a sentence increased on Thursday to 10 years.

The state's attorney, the prosecutor, had contended he should serve 12 years, because he “completely denies to take any blame”.

Evidence Presented

Dogan had first sent the husband sexually explicit photos and then driven an hour from his town in Provence to assault Gisèle Pelicot, after telling his wife he was leaving, the evidence indicated.

The ex-husband, who was transported from isolation in prison to temporarily testify at the hearing, told the court that the accused had known his wife had been “incapacitated” and he communicated to men by phone: “I’m looking for someone to violate my wife after I’ve put her to sleep unbeknownst to her.”

The trial became a key topic for a wider discussion on rape culture in society as the defendant continued to claim he was blameless and had not engaged in violation, arguing that because Gisèle Pelicot’s husband had allowed him into the residence, his behavior had been justifiable.

The panel in the higher court was displayed visual proof of Gisèle Pelicot’s unconscious figure, unconscious and snoring in a deep sleep, while a smiling the perpetrator engaged in violation on several occasions over a timeframe of what investigators stated was three and a half hours. The judge said she had been at risk of death by choking. The prosecution said there was absolute certainty that she had been incapacitated and had not given permission.

Dogan's Claims

Dogan stated to the court the recordings were simply “intimate moments” and denied it was assault. He said what he did was “a sexual act”, 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 acceptable. He said he was influenced by the husband. “I wanted to stop,” Dogan told the court. “I carried on because he reassured me.”

Questioned if he wanted to make a last words to the court, Dogan said: “I did not intend to injure that individual.”

Pelicot's Words

The survivor, who was applauded upon exiting the courtroom each day by supporters gathered to support her, addressed Dogan in court: “You do not grasp. When will you acknowledge you raped me? It is unlawful to assault an incapacitated woman. At what point did I give you agreement? Not once.”

The victim, seventy-two, became an international feminist hero after she gave up her right to privacy in the trial last year when she said: “The shame should shift.”

State's Argument

Sie, turning to the victim in court, said the defendant's unwillingness to take accountability showed that: “Guilt has not shifted. The community is possibly in the process of that, maybe motivated by the collective awareness resulting from the publication of your ordeal.”

The prosecutor said Dogan’s claims of blamelessness showed how rape culture was still prevalent in society as part of “outdated” forms of “patriarchal control”. He said: “Now we must change rape culture to a ethos of permission.”

Sie addressed Dogan: “While you deny it, it’s not just a woman, it’s an complete sordid cultural framework that you are supporting.”

Biographical Details

Dogan was originated from the country of Turkey and at the age of five moved to France, where his father worked as a concierge. The evidence indicated that his father was abusive and that the defendant began consuming marijuana aged ten. When he was 17 he was caught by police for drug trafficking and his father evicted him the family house. He served time in prison for trafficking in his early 20s and had worked as a construction worker but had undergone periods of being unhoused.

He was wed and had a child with a genetic condition, who he was the principal carer for, as his spouse worked in a educational cafeteria. The testimony revealed his wife did not know he had regular intimate relations outside their marriage. His defence said this was his strategy for managing with his stressful life. The defendant had told a court psychologist that once a year he looked for transactional encounters on his birthday. His legal representatives informed the court he had arthritis resulting from the stress of the original case.