🔗 Share this article

A defendant was convicted on retrial of raping Gisèle Pelicot after she was sedated by her then-husband – and was given his incarceration period raised to 10 years.

Appeal Trial

Dogan, 44, an out-of-work construction worker, who had appealed his first conviction last year, underwent a new trial this week at the Nîmes court of appeal.

A jury of nine jurors, accompanied by three judges, found Dogan guilty on Thursday of raping Pelicot in her residence in the south of France in the early hours of 29 June 2019.

The testimony revealed that Dogan, a married father, connected with Gisèle Pelicot’s then husband, Dominique Pelicot, in an internet forum named “without her knowledge”, where Pelicot was seeking men to come to his home to rape his wife once he had rendered her unconscious into a comatose state.

We expect the jury will say loud and clear that in this society, human rights are also women’s rights – that consent is individual, not delegated,” stated the victim's attorney, her legal representative. “Consent is received personally and not through someone else from a husband.”

Case History

The ex-husband, among the most severe sex offenders in modern French history, was given a prison term to twenty years in prison last year for incapacitating his wife at the time and bringing in 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.

Dozens of additional defendants were found convicted in a notable trial last year, and Dogan was the only man to contest his sentence. He was first handed a term to 9 years in prison, a punishment raised on Thursday to 10 years.

The state's attorney, Dominique Sie, had argued he should serve 12 years, because he “stubbornly rejects to take any responsibility”.

Evidence Presented

Dogan had initially sent the husband inappropriate pictures and then traveled an hour from his residence in Provence to rape Gisèle Pelicot, after telling his wife he was leaving, the court heard.

The ex-husband, who was brought from segregation in prison to temporarily give evidence at the retrial, informed the court that the accused had been aware his wife had been “incapacitated” and he said to men by phone: “I’m looking for someone to violate my wife after I’ve rendered her unconscious unbeknownst to her.”

The proceedings became a central issue for a larger conversation on sexual violence norms in society as Dogan continued to claim he was innocent and had not engaged in violation, arguing that because the victim's husband had invited him into the room, his actions had been permissible.

The panel in the higher court was displayed video evidence of Gisèle Pelicot’s unresponsive form, unconscious and snoring in a deep sleep, while a grinning the perpetrator committed rape on several occasions over a period of what investigators stated was several hours. The judge said she had been at danger of fatal outcome by asphyxiation. The state's case said there was absolute certainty that she had been incapacitated and had not consented.

Dogan's Claims

The defendant informed the court the recordings were simply “intimate moments” and rejected it was assault. He said what he did was “a sexual act”, not rape. He told the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had allowed him to the house, and therefore it was permissible. He said he was manipulated by the husband. “I tried to halt,” Dogan told the court. “I proceeded because he reassured me.”

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

Pelicot's Words

Gisèle Pelicot, who was supported upon departing the trial each day by supporters gathered to back her, addressed the defendant in court: “You haven’t understood. When will you admit you violated me? It’s a crime to rape an unconscious woman. At what point did I give you consent? Never.”

Gisèle Pelicot, 72, became an global icon after she relinquished her right to anonymity in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

The prosecutor, speaking to Gisèle Pelicot in court, said Dogan’s refusal to take blame showed that: “Guilt has not shifted. Society is maybe in the course of that, possibly propelled by the collective awareness spurred by the exposure of your ordeal.”

The prosecutor said Dogan’s claims of non-guilt showed how societal tolerance 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 addressed the defendant: “While you reject it, it’s not just a woman, it’s an complete sordid cultural framework that you are supporting.”

Defendant's Background

Dogan was born in the country of Turkey and at the age of 5 moved to the nation of France, where his parent worked as a caretaker. The evidence indicated that his father was aggressive and that the defendant began using drugs at the age of ten. When he was 17 he was apprehended by police for drug trafficking and his father kicked him out the family house. He spent time in prison for drug dealing in his twenties and had worked as a builder but had experienced periods of homelessness.

He was married and had a son with Down’s syndrome, who he was the main caregiver for, as his wife worked in a institution's dining hall. The evidence showed his spouse did not know he had frequent intimate relations beyond their union. His legal team said this was his strategy for managing with his challenging existence. The defendant had informed a court psychologist that each year he sought paid sex on his birthday. His attorneys stated to the court he had joint inflammation caused by the pressure of the original case.