🔗 Share this article

An individual was declared guilty on appeal of raping Gisele Pelicot after she was sedated by her spouse – and has had his incarceration period raised to ten years.

Higher Court Case

The defendant, 44, an out-of-work construction worker, who had contested his first conviction last year, faced a retrial this week at the appeals court in Nîmes.

A jury of five men and four women, joined by three judges, found Dogan guilty on Thursday of raping the victim in her bedroom in Provence in the early hours of June 29, 2019.

The evidence showed that the accused, a married father, connected with Gisèle Pelicot’s husband at the time, Dominique Pelicot, in an digital platform named “unbeknownst to her”, where the husband was looking for men to come to his home to assault his wife after he had sedated her into a deep sleep.

“We hope the court will declare that in this country, fundamental rights are also women’s rights – that agreement is individual, not transferred,” said the victim's attorney, her legal representative. “Agreement is secured directly and not via a representative from a husband.”

Context

The ex-husband, a notorious sexual predators in recent French history, was sentenced to 20 years in prison last year for sedating his spouse and bringing in multiple perpetrators to sexually assault her in her home in the community of Mazan over a duration of nearly ten years of their union.

Fifty other men were found convicted in a widely publicized trial last year, and the appellant was the single defendant to contest his verdict. He was first handed a term to nine years in prison, a penalty increased on Thursday to a decade.

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

Testimony and Proof

Dogan had first sent the husband graphic images and then driven an hour from his town in the region to rape Gisèle Pelicot, after telling his wife he was leaving, the evidence indicated.

The ex-husband, who was brought from isolation in prison to briefly give evidence at the hearing, informed the court that Dogan had understood his wife had been “sedated” and he told to men by phone: “I’m looking for someone to abuse my wife after I’ve put her to sleep unbeknownst to her.”

The courtroom became a focus point for a larger conversation on rape culture in society as the defendant continued to assert he was innocent and had not perpetrated assault, arguing that because Gisèle Pelicot’s husband had allowed him into the bedroom, his conduct had been permissible.

The jury in the higher court was shown visual proof of Gisèle Pelicot’s unresponsive form, sedated and snoring in a deep sleep, while a grinning Dogan engaged in violation multiple times over a period of what police said was 3.5 hours. The presiding judge said she had been at danger of fatal outcome by asphyxiation. The state's case said there was absolute certainty that she had been unaware and had not consented.

Dogan's Claims

Dogan informed the court the videos were simply “intimate moments” and denied it was rape. He said what he did was “an intimate behavior”, not rape. He stated the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had allowed him to the residence, and therefore it was acceptable. He said he was influenced by Dominique Pelicot. “I tried to halt,” the accused informed the court. “I carried on because he reassured me.”

Inquired if he wanted to make a last words to the court, Dogan said: “I had no desire to injure that individual.”

Survivor's Statement

Gisèle Pelicot, who was cheered upon leaving court each day by supporters gathered to support her, told Dogan in court: “You do not grasp. When will you admit you violated me? It is unlawful to rape an unaware woman. How could I have give you agreement? At no time.”

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

State's Argument

Sie, turning to Gisèle Pelicot in court, said Dogan’s unwillingness to take accountability showed that: “Shame has not yet changed sides. The public is perhaps in the process of that, maybe driven by the collective awareness resulting from the publication of your situation.”

The prosecutor said the defendant's claims of blamelessness showed how rape culture was still widespread in society as part of “archaic” forms of “patriarchal control”. He said: “Now we must change the culture of violence to a ethos of permission.”

The prosecutor said to Dogan: “While you deny it, it’s not just a individual, it’s an complete disturbing societal structure that you are supporting.”

Biographical Details

The accused was originated from the country of Turkey and at the age of 5 moved to France, where his father worked as a caretaker. The evidence indicated that his father was aggressive and that the defendant began consuming marijuana aged 10. When he was 17 he was stopped by authorities for dealing drugs and his parent kicked him out the family house. He spent time in prison for narcotics offenses in his young adulthood and had worked as a laborer but had experienced periods of homelessness.

He was wed and had a child with a genetic condition, who he was the principal carer for, as his spouse worked in a school canteen. The evidence showed his spouse did not know he had regular extramarital activities beyond their marriage. His legal team said this was his way of coping with his challenging existence. Dogan had stated to a evaluator that annually he sought commercial sex on his special day. His legal representatives stated to the court he had a medical condition resulting from the stress of the initial proceedings.