🔗 Share this article

A defendant was convicted on retrial of raping Gisèle Pelicot following she was rendered comatose by her spouse – and was given his jail term increased to 10 years.

Higher Court Case

Dogan, 44, an out-of-work construction worker, who had contested his first conviction last year, faced a appeal hearing this week at the higher court in Nîmes.

A panel of four women and five men, accompanied by three judges, ruled against Dogan on Thursday of raping the victim in her residence in Provence in the morning of June 29, 2019.

The testimony revealed that the accused, a married father, connected with the victim's then husband, Dominique Pelicot, in an internet forum titled “unbeknownst to her”, where Pelicot was seeking men to come to his home to assault his wife once he had rendered her unconscious into a unconscious state.

We trust the jury will say loud and clear that in this society, fundamental rights are also rights of women – that agreement is personal, not transferred,” said the victim's lawyer, Antoine Camus. “Agreement is received directly and not by proxy from a spouse.”

Case History

The ex-husband, one of the worst sex offenders in modern French history, was handed a sentence to two decades in prison last year for drugging his then wife and bringing in numerous individuals to rape her in her home in the community of Mazan over a period of almost a decade of their marriage.

Dozens of additional defendants were found convicted in a notable trial last year, and Dogan was the single defendant to challenge his sentence. He was initially given a sentence to nine years in prison, a penalty raised on Thursday to a decade.

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

Evidence Presented

Dogan had first sent Dominique Pelicot graphic images and then traveled an hour from his residence in Provence to rape Gisèle Pelicot, after informing his wife he was stepping out, the testimony revealed.

The ex-husband, who was transported from isolation in prison to temporarily provide testimony at the appeal trial, informed the court that the accused had understood his wife had been “drugged” and he said to men by phone: “I’m looking for someone to violate my wife after I’ve put her to sleep without her consent.”

The proceedings became a focus point for a broader debate on rape culture in society as Dogan continued to say he was innocent and had not committed rape, contending that because Gisèle Pelicot’s husband had welcomed him into the room, his actions had been justifiable.

The panel in the higher court was displayed visual proof of Gisèle Pelicot’s unconscious figure, unconscious and snoring in a unconscious condition, while a grinning Dogan engaged in violation on several occasions over a timeframe of what authorities reported was several hours. The presiding judge said she had been at peril of death by choking. The state prosecution said there was absolute certainty that she had been unaware and had not agreed.

Defendant's Statements

The defendant informed the court the recordings were simply “sex scenes” and denied it was rape. He said what he did was “an intimate behavior”, not rape. 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 influenced by Dominique Pelicot. “I wanted to stop,” the accused told the court. “I proceeded because he persuaded me.”

Asked if he wanted to make a closing remarks to the court, Dogan said: “I did not intend to injure that lady.”

Pelicot's Words

Gisèle Pelicot, who was cheered upon exiting the courtroom each day by onlookers assembled to stand with her, said to Dogan in court: “You fail to comprehend. When will you acknowledge you assaulted me? It is unlawful to rape an incapacitated woman. At what point did I give you permission? Never.”

Gisèle Pelicot, seventy-two, became an symbol of resistance after she waived her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”

Legal Commentary

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 possibly in the process of that, perhaps motivated by the societal understanding resulting from the publication of your situation.”

The prosecutor said Dogan’s claims of innocence showed how rape culture was still prevalent in society as part of “outdated” forms of “male domination”. He said: “It is imperative to change the culture of violence to a culture of consent.”

The prosecutor addressed the defendant: “While you reject it, it’s not just a woman, it’s an entire disturbing societal structure that you are endorsing.”

Defendant's Background

The accused was originated from the country of Turkey and at the age of 5 came to France, where his father worked as a building manager. The testimony revealed that his parent was violent and that the defendant began using drugs at the age of 10. When Dogan was 17 he was apprehended by authorities for drug trafficking and his father evicted him the residence. He spent time in prison for trafficking in his early 20s and had worked as a builder but had experienced periods of being unhoused.

He was married and had a child with Down’s syndrome, who he was the principal carer for, as his spouse worked in a institution's dining hall. The court heard his wife did not know he had frequent extramarital activities beyond their marriage. His legal team said this was his strategy for managing with his challenging existence. Dogan had informed a mental health expert that annually he sought paid sex on his birthday. His lawyers told the court he had arthritis caused by the anxiety of the initial proceedings.