🔗 Share this article

A defendant was convicted on higher court review of sexually assaulting Gisèle Pelicot after she was drugged unconscious by her then-husband – and has had his prison sentence extended to a decade.

Higher Court Case

The defendant, forty-four, an unemployed builder, who had contested his first conviction last year, underwent a new trial 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 sexually assaulting Pelicot in her bedroom in southern France in the early hours of 29 June 2019.

The testimony revealed that the accused, a married father, reached out to the victim's spouse, the husband, in an online chatroom called “without her consent”, where Pelicot was looking for men to enter his residence to rape his wife after he had sedated her into a deep sleep.

“We hope the court will declare that in this nation, fundamental rights are also rights of women – that consent is individual, not delegated,” said Gisèle Pelicot’s lawyer, Antoine Camus. “Consent is obtained personally and not by proxy from a husband.”

Case History

The husband, one of the worst sexual predators in recent French history, was sentenced to 20 years in prison last year for drugging his wife at the time and inviting numerous individuals to sexually assault her in her home in the town of the village of Mazan over a period of many years of their marriage.

Numerous other individuals were found guilty in a widely publicized trial last year, and Dogan was the single defendant to appeal against his sentence. He was originally sentenced to 9 years in prison, a penalty enhanced on Thursday to a decade.

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

Testimony and Proof

The defendant had first sent the husband inappropriate pictures and then driven an hour from his village in Provence to assault Gisèle Pelicot, after telling his wife he was stepping out, the court heard.

Pelicot, who was transported from isolation in prison to temporarily testify at the retrial, informed the court that Dogan had known his wife had been “incapacitated” and he communicated to men by phone: “I’m looking for someone to violate my wife after I’ve put her to sleep without her consent.”

The courtroom became a focus point for a wider discussion on rape culture in society as Dogan continued to claim he was not guilty and had not committed rape, stating that because the victim's husband had welcomed him into the room, his behavior had been justifiable.

The panel in the Nîmes appeals court was displayed recorded footage of the victim's unresponsive form, sedated and snoring in a comatose state, while a smiling the perpetrator committed rape on several occasions over a timeframe of what police said was 3.5 hours. The court official said she had been at danger of death by choking. The prosecution said there was no doubt that she had been incapacitated and had not given permission.

Defendant's Statements

Dogan told the court the recordings were simply “sex scenes” and denied 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 home, and therefore it was acceptable. He said he was influenced by the husband. “I wanted to stop,” the accused told the court. “I carried on because he reassured me.”

Inquired if he wanted to make a last words to the court, the defendant said: “I never wanted to harm that individual.”

Survivor's Statement

Gisèle Pelicot, who was supported upon leaving court each day by onlookers present to back her, said to Dogan in court: “You fail to comprehend. When will you admit you raped me? It is unlawful to assault an incapacitated woman. When did I ever give you agreement? At no time.”

The victim, 72, became an international feminist hero after she gave up her right to confidentiality in the trial last year when she said: “Shame must change sides.”

Legal Commentary

The prosecutor, speaking to the victim in court, said Dogan’s failure to take accountability showed that: “Shame has not yet changed sides. The community is maybe in the midst of that, perhaps propelled by the public consciousness spurred by the publication of your ordeal.”

The prosecutor said the defendant's claims of non-guilt showed how rape culture was still widespread in society as part of “old-fashioned” forms of “male domination”. He said: “We need to change the culture of violence to a ethos of permission.”

The prosecutor told Dogan: “While you refuse to admit it, it’s not just a woman, it’s an complete disturbing social system that you are supporting.”

Personal History

Dogan was originated from Turkey and at the age of 5 moved to the nation of France, where his father worked as a building manager. The evidence indicated that his parent was violent and that Dogan began consuming marijuana aged 10. When he was 17 he was apprehended by authorities for selling narcotics and his father evicted him of home. He spent time in prison for drug dealing in his young adulthood and had worked as a builder but had faced periods of living on the streets.

He was wed and had a child with special needs, who he was the main caregiver for, as his spouse worked in a educational cafeteria. The testimony revealed his spouse did not know he had regular extramarital activities beyond their marriage. His defence said this was his way of coping with his challenging existence. Dogan had stated to a evaluator that annually he looked for transactional encounters on his birthday. His legal representatives informed the court he had a medical condition triggered by the stress of the initial proceedings.