🔗 Share this article

A defendant has been found guilty on appeal of raping Gisele Pelicot after she was sedated by her then-husband – and has had his prison sentence increased to 10 years.

Higher Court Case

The defendant, 44, an out-of-work construction worker, who had appealed his first conviction last year, faced a new trial this week at the higher court in Nîmes.

A panel of nine jurors, sitting with three judges, convicted Dogan on Thursday of raping the victim in her residence in the south of France in the early hours of June 29, 2019.

The evidence showed that Dogan, a married father, made contact with the victim's spouse, Dominique Pelicot, in an digital platform named “without her consent”, where Pelicot was looking for men to come to his home to assault his wife once he had sedated her into a unconscious state.

We trust the court will declare that in this nation, fundamental rights are also women’s rights – that permission is personal, not given by another,” said Gisèle Pelicot’s attorney, her legal representative. “Permission is secured personally and not by proxy from a husband.”

Case History

The ex-husband, a notorious sexual predators in recent French history, was handed a sentence to two decades in prison last year for sedating his spouse and bringing in multiple perpetrators to rape her in her home in the Provence village of Mazan over a period of almost a decade of their union.

Dozens of additional defendants were found convicted in a notable trial last year, and Dogan was the only man to appeal against his conviction. He was first given a sentence to 9 years in prison, a sentence increased on Thursday to ten years.

The lead state prosecutor, the prosecutor, had stated he should serve 12 years, because he “stubbornly rejects to take any responsibility”.

Evidence Presented

The defendant had first sent the husband graphic images and then traveled an hour from his village in the region to assault Gisèle Pelicot, after telling his wife he was going out, the evidence indicated.

Pelicot, who was transported from solitary confinement in prison to temporarily give evidence at the retrial, informed the court that the accused had known his wife had been “sedated” and he said to men by phone: “I’m looking for someone to assault my wife after I’ve put her to sleep unbeknownst to her.”

The proceedings became a focus point for a wider discussion on rape culture in society as the defendant continued to say he was innocent and had not engaged in violation, stating that because the victim's husband had allowed him into the residence, his behavior had been acceptable.

The panel in the Nîmes appeals court was displayed video evidence of Gisèle Pelicot’s limp body, unconscious and snoring in a unconscious condition, while a smiling the perpetrator committed rape multiple times over a period of what police said was 3.5 hours. The judge said she had been at danger of death by asphyxiation. The state's case said there was no doubt that she had been unaware and had not consented.

Accused's Testimony

The defendant informed the court the recordings were simply “intimate moments” and denied it was violation. He said what he did was “an intimate behavior”, not assault. He stated the court: “I did not commit rape.” He said the victim's husband had brought him to the home, and therefore it was OK. He said he was manipulated by the husband. “I attempted to cease,” the accused told the court. “I carried on because he reassured me.”

Questioned if he wanted to make a closing remarks to the court, Dogan said: “I had no desire to harm that individual.”

Victim's Response

The victim, who was applauded upon leaving court each day by crowds present to back her, told Dogan in court: “You haven’t understood. When will you acknowledge you assaulted me? It’s a crime to rape an unaware woman. How could I have give you consent? Never.”

Gisèle Pelicot, seventy-two, became an international feminist hero after she relinquished her right to anonymity in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

Sie, speaking to the victim in court, said the defendant's unwillingness to take blame showed that: “The shame remains. The public is possibly in the process of that, maybe driven by the societal understanding resulting from the publication of your case.”

The prosecutor said the defendant's claims of innocence showed how societal tolerance was still widespread in society as part of “archaic” forms of “male domination”. He said: “It is imperative to change rape culture to a society based on agreement.”

The prosecutor said to Dogan: “While you deny it, it’s not just a woman, it’s an entire disturbing societal structure that you are endorsing.”

Defendant's Background

Dogan was born in Turkey and at the age of five relocated to the nation of France, where his father worked as a caretaker. The testimony revealed that his parent was aggressive and that the defendant began smoking cannabis aged ten. When Dogan was seventeen he was caught by authorities for dealing drugs and his father kicked him out of home. He spent time in prison for drug dealing in his twenties and had worked as a builder but had faced periods of living on the streets.

He was wed and had a son with special needs, who he was the primary guardian for, as his spouse worked in a school canteen. The court heard his wife did not know he had repeated intimate relations beyond their union. His defence said this was his method of dealing with his challenging existence. Dogan had stated to a evaluator that once a year he engaged in paid sex on his birthday. His legal representatives told the court he had a medical condition caused by the anxiety of the initial proceedings.