🔗 Share this article

A man was declared guilty on retrial of raping Gisele Pelicot after she was drugged unconscious by her spouse – and has had his jail term extended to ten years.

Retrial Proceedings

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

A jury of nine jurors, sitting with three judges, ruled against Dogan on Thursday of raping Pelicot in her bedroom in southern France in the morning of June 29, 2019.

The testimony revealed that the accused, a married father, connected with Gisèle Pelicot’s husband at the time, Dominique Pelicot, in an digital platform called “without her knowledge”, where the husband was looking for men to visit his house to assault his wife once he had drugged her into a deep sleep.

We trust the court will say loud and clear that in this society, human rights are also women’s rights – that consent is individual, not given by another,” said the victim's attorney, her legal representative. “Permission is secured personally and not via a representative from a husband.”

Context

The husband, among the most severe sex offenders in modern French history, was sentenced to twenty years in prison last year for drugging his wife at the time and bringing in dozens of men to sexually assault her in her home in the Provence village of the village of Mazan over a duration of nearly ten years of their marriage.

Fifty other men were found convicted in a notable trial last year, and Dogan was the single defendant to challenge his verdict. He was originally handed a term to 9 years in prison, a penalty raised on Thursday to 10 years.

The state's attorney, the prosecutor, had argued he should serve twelve years, because he “stubbornly rejects to take any blame”.

Testimony and Proof

Dogan had initially sent Dominique Pelicot inappropriate pictures and then driven an hour from his village in Provence to rape Gisèle Pelicot, after notifying his wife he was going out, the testimony revealed.

Pelicot, who was brought from segregation in prison to briefly give evidence at the appeal trial, told the court that Dogan had understood his wife had been “incapacitated” and he said to men by phone: “I’m looking for someone to abuse my wife after I’ve sedated her unbeknownst to her.”

The proceedings became a key topic for a wider discussion on sexual violence norms in society as Dogan continued to say he was innocent and had not engaged in violation, contending that because Gisèle Pelicot’s husband had invited him into the bedroom, his behavior had been acceptable.

The jury in the higher court was presented with visual proof of the victim's unresponsive form, unconscious and breathing heavily in a unconscious condition, while a smiling Dogan committed rape multiple times over a period of what authorities reported was 3.5 hours. The presiding judge said she had been at risk of death by choking. The state's case said there was no doubt that she had been unconscious and had not agreed.

Defendant's Statements

The defendant informed the court the recordings were simply “sex scenes” and disputed it was assault. He said what he did was “a consensual activity”, not assault. He stated the court: “I never raped.” He said Gisèle Pelicot’s husband had allowed him to the home, and therefore it was permissible. He said he was manipulated by the husband. “I wanted to stop,” the accused informed the court. “I proceeded because he convinced me.”

Questioned if he wanted to make a closing remarks to the court, Dogan said: “I had no desire to injure that lady.”

Victim's Response

Gisèle Pelicot, who was supported upon departing the trial each day by supporters gathered to back her, told the defendant in court: “You haven’t understood. When will you admit you assaulted me? It is illegal to assault an unaware woman. When did I ever give you agreement? 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, turning to the victim in court, said Dogan’s refusal to take accountability showed that: “The shame remains. The community is perhaps in the midst of that, possibly motivated by the collective awareness brought by the revelation of your situation.”

The prosecutor said Dogan’s claims of non-guilt showed how rape culture was still widespread in society as part of “outdated” forms of “gender-based power”. He said: “We need to change rape culture to a culture of consent.”

The prosecutor said to Dogan: “While you reject it, it’s not just a person, it’s an complete sordid cultural framework that you are upholding.”

Personal History

Dogan was born in the country of Turkey and at the age of 5 moved to France, where his father worked as a building manager. The court heard that his parent was aggressive and that the defendant began using drugs aged ten. When Dogan was 17 he was caught by police for dealing drugs and his parent forced him to leave the residence. He spent time in prison for narcotics offenses in his twenties and had worked as a construction worker but had undergone periods of being unhoused.

He was wed and had a son with a genetic condition, who he was the primary guardian for, as his wife worked in a educational cafeteria. The testimony revealed 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. The defendant had stated to a evaluator that once a 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 first trial.