🔗 Share this article

A man was convicted on higher court review of raping Gisèle Pelicot following she was drugged unconscious by her then-husband – and was given his jail term raised to 10 years.

Appeal Trial

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

A jury of nine jurors, sitting with three judges, convicted Dogan on Thursday of raping the victim in her home in Provence in the morning of 29 June 2019.

The court heard that Dogan, a family man, made contact with the victim's then husband, Dominique Pelicot, in an internet forum titled “unbeknownst to her”, where the husband was recruiting men to visit his house to rape his wife after he had drugged her into a unconscious state.

“We hope the panel will say loud and clear that in this nation, human rights are also women’s rights – that agreement is personal, not given by another,” said Gisèle Pelicot’s lawyer, her legal representative. “Consent is received directly and not through someone else from a husband.”

Background

The husband, among the most severe sex offenders in France's contemporary records, was handed a sentence to two decades in prison last year for incapacitating his then wife and inviting dozens of men to sexually assault her in her home in the community of the village of Mazan over a period of many years of their union.

Numerous other individuals were found guilty in a widely publicized trial last year, and Dogan was the single defendant to contest his verdict. He was first given a sentence to 9 years in prison, a penalty increased on Thursday to 10 years.

The chief prosecutor, Dominique Sie, had contended he should serve twelve years, because he “completely denies to take any blame”.

Testimony and Proof

Dogan had initially sent the husband sexually explicit photos and then traveled an hour from his residence in Provence to rape Gisèle Pelicot, after telling his wife he was stepping out, the evidence indicated.

Pelicot, who was brought from solitary confinement in prison to briefly give evidence at the retrial, informed the court that Dogan had known his wife had been “drugged” and he told to men by phone: “I’m looking for someone to assault my wife after I’ve sedated her without her knowledge.”

The courtroom became a key topic for a broader debate on rape culture in society as Dogan continued to claim he was innocent and had not committed rape, contending that because Gisèle Pelicot’s husband had invited him into the residence, his behavior had been justifiable.

The panel in the higher court was shown visual proof of Gisèle Pelicot’s limp body, comatose and breathing heavily in a deep sleep, while a grinning Dogan performed assault repeatedly over a timeframe of what investigators stated was several hours. The judge said she had been at danger of fatal outcome by asphyxiation. The state prosecution said there was no question that she had been unaware and had not agreed.

Accused's Testimony

The defendant told the court the videos were simply “sex scenes” and denied 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 the victim's husband had allowed him to the house, and therefore it was acceptable. He said he was influenced by Dominique Pelicot. “I attempted to cease,” the accused told the court. “I proceeded because he convinced me.”

Questioned if he wanted to make a final statement to the court, Dogan said: “I never wanted to harm that woman.”

Survivor's Statement

The survivor, who was cheered upon departing the trial each day by crowds present to support her, told Dogan in court: “You do not grasp. When will you admit you raped me? It is illegal to rape an unaware woman. At what point did I give you agreement? Never.”

The victim, 72, became an international feminist hero after she relinquished her right to confidentiality in the trial last year when she said: “The shame should shift.”

Legal Commentary

Sie, addressing Gisèle Pelicot in court, said the defendant's failure to take responsibility showed that: “Shame has not yet changed sides. The public is perhaps in the process of that, maybe propelled by the collective awareness resulting from the publication of your case.”

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

Sie addressed Dogan: “While you refuse to admit it, it’s not just a individual, it’s an whole sordid societal structure that you are supporting.”

Biographical Details

The accused was born in the country of Turkey and at the age of 5 moved to France, where his father worked as a building manager. The evidence indicated that his parent was aggressive and that Dogan began using drugs at the age of 10. When Dogan was 17 he was apprehended by authorities for drug trafficking and his parent forced him to leave the residence. He was incarcerated in prison for drug dealing in his young adulthood and had worked as a construction worker but had undergone periods of being unhoused.

He was married and had a child with a genetic condition, 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 regular extramarital activities outside their marriage. His legal team said this was his method of dealing with his challenging existence. Dogan had informed a court psychologist that once a year he looked for transactional encounters on his special day. His legal representatives stated to the court he had a medical condition triggered by the anxiety of the initial proceedings.