🔗 Share this article

A man was declared guilty on appeal of sexually assaulting Gisèle Pelicot following she was drugged unconscious by her then-husband – and has had his jail term extended to ten years.

Higher Court Case

Dogan, forty-four, an unemployed builder, who had appealed his initial guilty verdict last year, faced a new trial this week at the Nîmes court of appeal.

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

The testimony revealed that the accused, a family man, connected with Gisèle Pelicot’s then husband, Dominique Pelicot, in an digital platform titled “without her consent”, where the husband was seeking men to visit his house to rape his wife after he had rendered her unconscious into a unconscious state.

We trust the court will say loud and clear that in this country, human rights are also rights of women – that agreement is individual, not given by another,” said the victim's attorney, Antoine Camus. “Agreement is secured personally and not via a representative from a spouse.”

Context

Dominique Pelicot, a notorious sex offenders in recent French history, was given a prison term to two decades in prison last year for incapacitating his wife at the time and inviting multiple perpetrators to sexually assault her in her home in the community of Mazan over a span of nearly ten years of their marriage.

Dozens of additional defendants were found convicted in a widely publicized trial last year, and the appellant was the sole individual to contest his verdict. He was originally sentenced to 9 years in prison, a sentence raised on Thursday to ten years.

The lead state prosecutor, Dominique Sie, had contended he should serve twelve years, because he “stubbornly rejects to take any responsibility”.

Testimony and Proof

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

Pelicot, who was transported from segregation in prison to briefly testify at the hearing, told the court that Dogan had been aware his wife had been “incapacitated” and he told to men by phone: “I want someone to abuse my wife after I’ve rendered her unconscious without her knowledge.”

The courtroom became a focus point for a wider discussion on rape culture in society as the defendant continued to claim he was not guilty and had not committed rape, arguing that because Gisèle Pelicot’s husband had welcomed him into the bedroom, his actions had been permissible.

The panel in the Nîmes appeals court was displayed visual proof of Gisèle Pelicot’s unresponsive form, comatose and snoring in a unconscious condition, while a grinning Dogan engaged in violation on several occasions over a period of what authorities reported was several hours. The judge said she had been at risk of fatal outcome by choking. The state prosecution said there was absolute certainty that she had been unconscious and had not consented.

Defendant's Statements

Dogan told the court the videos were simply “sex scenes” and rejected it was violation. He said what he did was “a consensual activity”, not assault. He told the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had invited him to the house, and therefore it was acceptable. He said he was manipulated by the husband. “I wanted to stop,” Dogan told the court. “I continued because he reassured me.”

Questioned if he wanted to make a final statement to the court, the defendant said: “I had no desire to injure that woman.”

Victim's Response

The survivor, who was cheered upon departing the trial each day by crowds assembled to support her, addressed Dogan in court: “You fail to comprehend. When are you going to recognise you assaulted me? It is illegal to rape an unaware woman. When did I ever give you permission? Not once.”

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

Prosecutor's Remarks

The prosecutor, turning to the victim in court, said the defendant's refusal to take responsibility showed that: “Shame has not yet changed sides. The public is possibly in the midst of that, maybe propelled by the societal understanding spurred by the exposure of your ordeal.”

The prosecutor said Dogan’s claims of innocence showed how normalized violence was still common in society as part of “old-fashioned” forms of “gender-based power”. He said: “It is imperative to change the culture of violence to a culture of consent.”

The prosecutor addressed Dogan: “While you deny it, it’s not just a individual, it’s an whole unpleasant social system that you are endorsing.”

Defendant's Background

Dogan was born in Turkey and at the age of 5 moved to France, where his father worked as a building manager. The testimony revealed that his father was violent and that the defendant began using drugs aged ten. When Dogan was seventeen he was apprehended by police for dealing drugs and his father evicted him of home. He spent time in prison for narcotics offenses in his young adulthood and had worked as a builder but had faced periods of homelessness.

He was wed and had a child with Down’s syndrome, who he was the principal carer for, as his spouse worked in a school canteen. The testimony revealed his wife did not know he had repeated sexual encounters outside their union. His defence said this was his way of coping with his stressful life. The defendant had told a evaluator that each year he looked for commercial sex on his birthday. His attorneys told the court he had arthritis resulting from the anxiety of the original case.