🔗 Share this article

An individual has been found guilty on appeal of raping Gisele Pelicot following she was sedated by her spouse – and has had his prison sentence raised to ten years.

Higher Court Case

The defendant, 44, an out-of-work construction worker, who had contested his initial guilty verdict last year, experienced a new trial this week at the higher court in Nîmes.

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

The court heard that Dogan, a family man, made contact with Gisèle Pelicot’s husband at the time, the husband, in an digital platform titled “unbeknownst to her”, where the husband was recruiting men to enter his residence to rape his wife after he had drugged her into a comatose state.

We trust the panel will affirm that in this country, human rights are also rights of women – that agreement is individual, not given by another,” declared the victim's attorney, her legal representative. “Agreement is secured directly and not through someone else from a husband.”

Case History

The ex-husband, a notorious sex offenders in recent French history, was given a prison term to two decades in prison last year for drugging his then wife and soliciting dozens of men to rape her in her home in the town of Mazan over a duration of many years of their marriage.

Numerous other individuals were found guilty in a notable trial last year, and Dogan was the sole individual to contest his conviction. He was first given a sentence to 9 years in prison, a punishment enhanced on Thursday to 10 years.

The lead state prosecutor, Dominique Sie, had contended he should serve 12 years, because he “completely denies to take any accountability”.

Testimony and Proof

The defendant had initially sent Dominique Pelicot graphic images and then driven an hour from his residence in the region to rape the victim, after informing his wife he was going out, the evidence indicated.

The ex-husband, who was brought from isolation in prison to briefly testify at the retrial, told the court that the accused had been aware his wife had been “incapacitated” and he communicated to men by phone: “I seek someone to abuse my wife after I’ve sedated her unbeknownst to her.”

The courtroom became a key topic for a broader debate on societal attitudes in society as the defendant continued to say he was innocent and had not engaged in violation, arguing that because the victim's husband had allowed him into the bedroom, his conduct had been justifiable.

The panel in the Nîmes appeals court was shown visual proof of the victim's unconscious figure, sedated and breathing heavily in a unconscious condition, while a grinning the perpetrator committed rape repeatedly over a period of what police said was 3.5 hours. The judge said she had been at risk of fatal outcome by asphyxiation. The state prosecution said there was absolute certainty that she had been incapacitated and had not given permission.

Defendant's Statements

The defendant stated to the court the videos were simply “intimate moments” and disputed it was assault. He said what he did was “an intimate behavior”, not assault. He declared the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had brought him to the residence, and therefore it was acceptable. He said he was manipulated by the husband. “I wanted to stop,” Dogan stated to the court. “I carried on because he reassured me.”

Inquired if he wanted to make a final statement to the court, Dogan said: “I had no desire to hurt that woman.”

Survivor's Statement

The victim, who was supported upon departing the trial each day by crowds assembled to stand with her, said to Dogan in court: “You fail to comprehend. When will you admit you assaulted me? It’s a crime to assault an unaware woman. When did I ever give you permission? Never.”

Gisèle Pelicot, 72, became an symbol of resistance after she gave up her right to anonymity in the trial last year when she said: “The shame should shift.”

Prosecutor's Remarks

Sie, addressing Gisèle Pelicot in court, said the defendant's unwillingness to take blame showed that: “Guilt has not shifted. The public is maybe in the midst of that, possibly motivated by the collective awareness brought by the exposure of your situation.”

Sie said Dogan’s claims of blamelessness showed how societal tolerance was still prevalent in society as part of “archaic” forms of “gender-based power”. He said: “It is imperative to change rape culture to a culture of consent.”

Sie told the defendant: “While you refuse to admit it, it’s not just a individual, it’s an complete disturbing cultural framework that you are supporting.”

Biographical Details

Dogan was originated from the country of Turkey and at the age of 5 moved to France, where his father worked as a concierge. The court heard that his father was aggressive and that the defendant began smoking cannabis aged ten. When he was 17 he was apprehended by police for drug trafficking and his parent evicted him the residence. He spent time in prison for drug dealing in his twenties and had worked as a construction worker but had experienced periods of living on the streets.

He was married and had a son with special needs, who he was the primary guardian for, as his spouse worked in a institution's dining hall. The evidence showed his wife did not know he had repeated sexual encounters beyond their union. His legal team said this was his strategy for managing with his stressful life. The defendant had informed a evaluator that annually he engaged in transactional encounters on his special day. His legal representatives informed the court he had arthritis resulting from the pressure of the original case.