🔗 Share this article

A defendant was declared guilty on appeal of sexually assaulting Gisèle Pelicot after she was rendered comatose by her husband – and received his jail term extended to a decade.

Appeal Trial

The defendant, forty-four, an unemployed builder, who had contested his initial guilty verdict last year, experienced a new trial this week at the Nîmes court of appeal.

A panel of five men and four women, accompanied by three judges, ruled against Dogan on Thursday of sexually assaulting the victim in her bedroom in southern France in the morning of 29 June 2019.

The testimony revealed that Dogan, a married father, connected with the victim's spouse, the husband, in an online chatroom called “unbeknownst to her”, where the husband was recruiting men to visit his house to rape his wife once he had sedated her into a comatose state.

We trust the jury will say loud and clear that in this society, fundamental rights are also women’s rights – that agreement is individual, not delegated,” said Gisèle Pelicot’s attorney, her legal representative. “Consent is secured personally and not through someone else from a husband.”

Context

The ex-husband, one of the worst sex offenders in modern French history, was handed a sentence to 20 years in prison last year for incapacitating his wife at the time and soliciting dozens of men to sexually assault her in her home in the community of Mazan over a duration of many years of their marriage.

Fifty other men were found guilty in a notable trial last year, and Dogan was the only man to challenge his verdict. He was originally given a sentence to 9 years in prison, a penalty enhanced on Thursday to 10 years.

The state's attorney, Dominique Sie, had argued he should serve 12 years, because he “absolutely refuses to take any blame”.

Testimony and Proof

Dogan had first sent Dominique Pelicot inappropriate pictures and then traveled an hour from his town in the region to rape the victim, after notifying his wife he was leaving, the evidence indicated.

Pelicot, who was brought from isolation in prison to briefly give evidence at the appeal trial, stated to the court that Dogan had known his wife had been “sedated” and he said to men by phone: “I want someone to violate my wife after I’ve rendered her unconscious without her consent.”

The proceedings became a focus point for a broader debate on rape culture in society as Dogan continued to say he was blameless and had not committed rape, contending that because Gisèle Pelicot’s husband had welcomed him into the room, his behavior had been justifiable.

The jury in the higher court was presented with video evidence of the victim's unresponsive form, sedated and breathing heavily in a comatose state, while a smiling the perpetrator performed assault repeatedly over a duration of what police said was 3.5 hours. The court official said she had been at risk of death by choking. The prosecution said there was absolute certainty that she had been unaware and had not given permission.

Defendant's Statements

The defendant informed the court the footage were simply “sex scenes” and disputed it was assault. He said what he did was “a sexual act”, not assault. He declared the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had brought him to the residence, and therefore it was permissible. He said he was deceived by Dominique Pelicot. “I attempted to cease,” the accused stated to the court. “I proceeded because he persuaded me.”

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

Survivor's Statement

Gisèle Pelicot, who was cheered upon leaving court each day by supporters assembled to stand with her, said to the defendant in court: “You do not grasp. When will you admit you assaulted me? It is illegal to rape an unconscious woman. How could I have give you agreement? At no time.”

Gisèle Pelicot, seventy-two, became an symbol of resistance after she waived her right to privacy in the trial last year when she said: “The shame should shift.”

Legal Commentary

Sie, speaking to Gisèle Pelicot in court, said the defendant's unwillingness to take blame showed that: “Shame has not yet changed sides. The public is possibly in the process of that, perhaps propelled by the societal understanding brought by the revelation of your ordeal.”

Sie said the defendant's claims of innocence showed how rape culture was still prevalent in society as part of “archaic” forms of “patriarchal control”. He said: “We need to change the culture of violence to a culture of consent.”

The prosecutor addressed the defendant: “While you refuse to admit it, it’s not just a person, it’s an complete disturbing societal structure 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 concierge. The court heard that his father was violent and that the defendant began consuming marijuana aged ten. When he was seventeen he was caught by authorities for selling narcotics and his parent forced him to leave the residence. He served time in prison for narcotics offenses in his twenties and had worked as a construction worker but had undergone periods of homelessness.

He was wed and had a child with Down’s syndrome, who he was the principal carer for, as his spouse worked in a school canteen. The testimony revealed his spouse did not know he had frequent sexual encounters outside their union. His legal team said this was his strategy for managing with his challenging existence. Dogan had informed a evaluator that once a year he sought transactional encounters on his birthday. His lawyers told the court he had a medical condition triggered by the anxiety of the first trial.