🔗 Share this article

An individual has been found guilty on appeal of raping Gisèle Pelicot after she was rendered comatose by her husband – and received his jail term raised to a decade.

Appeal Trial

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

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

The testimony revealed that the accused, a family man, made contact with Gisèle Pelicot’s spouse, Dominique Pelicot, in an digital platform titled “unbeknownst to her”, where Pelicot was looking for men to enter his residence to assault his wife after he had rendered her unconscious into a deep sleep.

“We hope the jury will affirm that in this nation, human rights are also rights of women – that permission is personal, not delegated,” declared Gisèle Pelicot’s lawyer, her legal representative. “Consent is received personally and not via a representative from a husband.”

Context

Dominique Pelicot, a notorious sex offenders in France's contemporary records, was handed a sentence to twenty years in prison last year for sedating his then wife and inviting dozens of men to sexually assault her in her home in the Provence village of Mazan over a span of almost a decade of their marriage.

Dozens of additional defendants were found convicted in a notable trial last year, and the appellant was the single defendant to challenge his verdict. He was first sentenced to nine years in prison, a penalty increased on Thursday to ten years.

The chief prosecutor, the prosecutor, had stated he should serve twelve years, because he “stubbornly rejects to take any responsibility”.

Courtroom Details

The defendant had initially sent the husband inappropriate pictures and then driven an hour from his residence in Provence to assault Gisèle Pelicot, after telling his wife he was stepping out, the evidence indicated.

Pelicot, who was transported from segregation in prison to briefly provide testimony at the retrial, stated to the court that Dogan had understood his wife had been “sedated” and he communicated to men by phone: “I want someone to assault my wife after I’ve sedated her without her consent.”

The courtroom became a focus point for a larger conversation on societal attitudes in society as the defendant continued to assert he was not guilty and had not perpetrated assault, stating that because the victim's husband had welcomed him into the bedroom, his behavior had been justifiable.

The panel in the Nîmes appeals court was presented with visual proof of Gisèle Pelicot’s unconscious figure, unconscious and snoring in a unconscious condition, while a smiling the perpetrator performed assault on several occasions over a timeframe of what authorities reported was 3.5 hours. The court official said she had been at peril of fatal outcome by asphyxiation. The prosecution said there was no question that she had been incapacitated and had not consented.

Defendant's Statements

The defendant informed the court the recordings were simply “sexual encounters” and rejected it was assault. He said what he did was “a consensual activity”, not assault. He declared the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had invited him to the residence, and therefore it was acceptable. He said he was manipulated by Dominique Pelicot. “I attempted to cease,” Dogan stated to the court. “I carried on because he persuaded me.”

Inquired if he wanted to make a closing remarks to the court, Dogan said: “I did not intend to hurt that woman.”

Pelicot's Words

Gisèle Pelicot, who was supported upon exiting the courtroom each day by onlookers gathered to stand with her, said to the defendant in court: “You fail to comprehend. When will you acknowledge you assaulted me? It is unlawful to rape an unconscious woman. How could I have give you consent? Not once.”

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

Prosecutor's Remarks

The prosecutor, addressing Gisèle Pelicot in court, said Dogan’s refusal to take blame showed that: “Guilt has not shifted. The public is possibly in the midst of that, maybe propelled by the public consciousness resulting from the exposure of your situation.”

The prosecutor said the defendant's claims of innocence showed how normalized violence was still common in society as part of “outdated” forms of “male domination”. He said: “It is imperative to change the culture of violence to a society based on agreement.”

The prosecutor addressed Dogan: “For as much as you deny it, it’s not just a person, it’s an entire sordid social system that you are supporting.”

Personal History

The accused was born in the country of Turkey and at the age of 5 moved to France, where his father worked as a caretaker. The court heard that his parent was aggressive and that Dogan began using drugs aged 10. When he was seventeen he was stopped by authorities for dealing drugs and his father kicked him out the family house. He served time in prison for trafficking in his early 20s and had worked as a laborer but had undergone periods of being unhoused.

He was married and had a son with Down’s syndrome, who he was the main caregiver for, as his spouse worked in a school canteen. The court heard his spouse did not know he had repeated intimate relations beyond their union. His defence said this was his way of coping with his challenging existence. Dogan had informed a court psychologist that once a year he engaged in transactional encounters on his special day. His lawyers stated to the court he had arthritis resulting from the pressure of the initial proceedings.