🔗 Share this article

A man has been found guilty on retrial of sexually assaulting Gisele Pelicot after she was sedated by her then-husband – and received his jail term extended to a decade.

Appeal Trial

Dogan, forty-four, an out-of-work construction worker, who had appealed his initial guilty verdict last year, experienced a new trial this week at the higher court in Nîmes.

A panel of nine jurors, joined by three judges, ruled against Dogan on Thursday of sexually assaulting Pelicot in her home in southern France in the morning of June 29, 2019.

The evidence showed that the accused, a married father, connected with Gisèle Pelicot’s husband at the time, Dominique Pelicot, in an internet forum called “unbeknownst to her”, where Pelicot was looking for men to enter his residence to rape his wife after he had sedated her into a unconscious state.

We trust the court will declare that in this nation, human rights are also rights of women – that consent is personal, not transferred,” stated the victim's attorney, Antoine Camus. “Agreement is secured directly and not via a representative from a husband.”

Background

The husband, among the most severe sexual predators in recent French history, was given a prison term to twenty years in prison last year for sedating his spouse 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.

Fifty other men were found culpable in a notable trial last year, and Dogan was the only man to appeal against his sentence. He was initially handed a term to 9 years in prison, a penalty increased on Thursday to a decade.

The lead state prosecutor, Dominique Sie, had argued he should serve twelve years, because he “stubbornly rejects to take any responsibility”.

Evidence Presented

The defendant had initially sent Dominique Pelicot sexually explicit photos and then driven an hour from his village in the region to assault Gisèle Pelicot, after notifying his wife he was stepping out, the court heard.

Pelicot, who was transported from isolation in prison to temporarily testify at the retrial, told the court that the accused had been aware his wife had been “drugged” and he said to men by phone: “I seek someone to assault my wife after I’ve put her to sleep unbeknownst to her.”

The courtroom became a key topic for a broader debate on societal attitudes in society as Dogan continued to claim he was not guilty and had not perpetrated assault, stating that because Gisèle Pelicot’s husband had allowed him into the room, his conduct had been acceptable.

The panel in the higher court was shown recorded footage of Gisèle Pelicot’s unconscious figure, comatose and snoring in a comatose state, while a smiling Dogan performed assault multiple times over a period of what police said was three and a half hours. The presiding judge 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

Dogan informed the court the recordings were simply “intimate moments” and disputed it was violation. He said what he did was “a sexual act”, not rape. He stated the court: “I did not commit rape.” He said the victim's husband had invited him to the house, and therefore it was OK. He said he was influenced by Dominique Pelicot. “I tried to halt,” the accused stated to the court. “I carried on because he reassured me.”

Asked if he wanted to make a closing remarks to the court, the defendant said: “I never wanted to injure that individual.”

Victim's Response

The victim, who was applauded upon exiting the courtroom each day by supporters assembled to support her, addressed the defendant in court: “You do not grasp. When are you going to recognise you violated me? It’s a crime to rape an incapacitated woman. When did I ever give you permission? Never.”

Gisèle Pelicot, 72, became an symbol of resistance after she gave up her right to anonymity in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

The prosecutor, turning to Gisèle Pelicot in court, said Dogan’s unwillingness to take blame showed that: “Shame has not yet changed sides. The community is perhaps in the midst of that, perhaps motivated by the societal understanding resulting from the revelation of your case.”

Sie said the defendant'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 society based on agreement.”

The prosecutor addressed the defendant: “As long as you reject it, it’s not just a person, it’s an complete sordid cultural framework that you are supporting.”

Biographical Details

Dogan was originated from the country of Turkey and at the age of 5 relocated to the nation of France, where his parent worked as a caretaker. The court heard that his parent was abusive and that Dogan began using drugs at the age of 10. When he was 17 he was stopped by police for dealing drugs and his parent forced him to leave the family house. He served time in prison for trafficking in his twenties and had worked as a construction worker but had faced periods of homelessness.

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 evidence showed his spouse did not know he had regular intimate relations outside their marriage. His defence said this was his way of coping with his challenging existence. Dogan had told a mental health expert that annually he sought transactional encounters on his birthday. His lawyers told the court he had joint inflammation resulting from the anxiety of the first trial.