🔗 Share this article

A man was declared guilty on appeal of raping Gisèle Pelicot after she was rendered comatose by her husband – and was given his prison sentence increased to a decade.

Appeal Trial

The defendant, 44, an out-of-work construction worker, who had challenged his first conviction last year, underwent a appeal hearing this week at the Nîmes court of appeal.

A panel of four women and five men, sitting with three judges, ruled against Dogan on Thursday of raping Pelicot in her residence in southern France in the early hours of June 29, 2019.

The testimony revealed that Dogan, a family man, connected with Gisèle Pelicot’s spouse, Dominique Pelicot, in an online chatroom titled “unbeknownst to her”, where the husband was seeking men to visit his house to rape his wife once he had sedated her into a deep sleep.

We trust the court will say loud and clear that in this country, human rights are also women’s rights – that agreement is individual, not delegated,” declared the victim's attorney, Antoine Camus. “Permission is received personally and not through someone else from a spouse.”

Background

The ex-husband, one of the worst sex offenders in recent French history, was given a prison term to 20 years in prison last year for drugging his spouse and soliciting multiple perpetrators to sexually assault her in her home in the community of Mazan over a span of almost a decade of their marriage.

Numerous other individuals were found guilty in a notable trial last year, and the appellant was the only man to appeal against his verdict. He was first handed a term to nine years in prison, a sentence increased on Thursday to ten years.

The chief prosecutor, Dominique Sie, had contended he should serve twelve years, because he “absolutely refuses to take any responsibility”.

Evidence Presented

Dogan had first sent the husband sexually explicit photos and then driven an hour from his residence in the region to rape Gisèle Pelicot, after notifying his wife he was going out, the evidence indicated.

The ex-husband, who was transported from segregation in prison to briefly give evidence at the retrial, stated to the court that Dogan had understood his wife had been “drugged” and he told to men by phone: “I’m looking for someone to violate my wife after I’ve put her to sleep without her knowledge.”

The courtroom became a central issue for a broader debate on societal attitudes in society as Dogan continued to say he was not guilty and had not committed rape, arguing that because Gisèle Pelicot’s husband had invited him into the bedroom, his actions had been acceptable.

The panel in the higher court was displayed video evidence of Gisèle Pelicot’s limp body, sedated and breathing heavily in a deep sleep, while a grinning the perpetrator engaged in violation on several occasions over a period of what police said was 3.5 hours. The court official said she had been at risk of death by asphyxiation. The state's case said there was no doubt that she had been unaware and had not agreed.

Defendant's Statements

The defendant stated to the court the recordings were simply “sex scenes” and disputed it was rape. He said what he did was “a sexual act”, not rape. He told the court: “I am innocent of assault.” He said the victim's husband had allowed him to the house, and therefore it was permissible. He said he was manipulated by Dominique Pelicot. “I attempted to cease,” Dogan informed the court. “I carried on because he convinced me.”

Questioned if he wanted to make a final statement to the court, the defendant said: “I did not intend to injure that individual.”

Pelicot's Words

The survivor, who was applauded upon leaving court each day by supporters present to stand with her, said to the defendant in court: “You fail to comprehend. When will you acknowledge you violated me? It is illegal to assault an incapacitated woman. How could I have give you consent? At no time.”

The victim, 72, became an symbol of resistance after she gave up her right to privacy in the trial last year when she said: “The shame should shift.”

Legal Commentary

Sie, addressing Gisèle Pelicot in court, said the defendant's unwillingness to take accountability showed that: “Shame has not yet changed sides. The public is perhaps in the midst of that, possibly propelled by the collective awareness spurred by the revelation of your situation.”

The prosecutor said Dogan’s claims of blamelessness showed how normalized violence was still widespread in society as part of “outdated” forms of “male domination”. He said: “Now we must 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 entire unpleasant cultural framework that you are upholding.”

Personal History

Dogan was originated from Turkey and at the age of five moved to the nation of France, where his parent worked as a concierge. The testimony revealed that his father was abusive and that Dogan began consuming marijuana aged 10. When he was 17 he was caught by authorities for selling narcotics and his parent forced him to leave the family house. He spent time in prison for drug dealing in his twenties and had worked as a laborer but had undergone periods of living on the streets.

He was wed and had a child with special needs, who he was the primary guardian for, as his wife worked in a institution's dining hall. The testimony revealed his spouse did not know he had frequent intimate relations beyond their marriage. His defence said this was his strategy for managing with his stressful life. The defendant had stated to a court psychologist that annually he sought transactional encounters on his birthday. His attorneys informed the court he had arthritis resulting from the stress of the original case.