🔗 Share this article

An individual has been found guilty on retrial of sexually assaulting Gisèle Pelicot after she was drugged unconscious by her spouse – and was given his incarceration period increased to ten years.

Higher Court Case

The defendant, 44, an out-of-work construction worker, who had challenged his initial guilty verdict last year, underwent a retrial this week at the appeals court in Nîmes.

A panel of four women and five men, accompanied by three judges, ruled against Dogan on Thursday of raping the victim in her home in southern France in the early hours of 29 June 2019.

The evidence showed that the accused, a married father, reached out to Gisèle Pelicot’s spouse, Dominique Pelicot, in an internet forum called “without her consent”, where Pelicot was seeking men to enter his residence to assault his wife once he had sedated her into a deep sleep.

We expect the court will affirm that in this nation, fundamental rights are also rights of women – that agreement is personal, not given by another,” declared the victim's attorney, Antoine Camus. “Agreement is secured personally and not by proxy from a spouse.”

Case History

The husband, among the most severe sexual predators in modern French history, was handed a sentence to 20 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 Mazan over a period of almost a decade of their union.

Numerous other individuals were found guilty in a high-profile trial last year, and Dogan was the only man to challenge his conviction. He was first sentenced to nine years in prison, a penalty raised on Thursday to ten years.

The state's attorney, the prosecutor, had stated he should serve twelve years, because he “completely denies to take any blame”.

Evidence Presented

The defendant had first sent the husband inappropriate pictures and then driven an hour from his town in the region to assault the victim, after telling his wife he was going out, the testimony revealed.

The ex-husband, who was brought from isolation in prison to temporarily testify at the hearing, stated to the court that the accused had been aware his wife had been “drugged” and he told to men by phone: “I want someone to assault my wife after I’ve sedated her without her knowledge.”

The courtroom became a key topic for a larger conversation on sexual violence norms in society as the defendant continued to assert he was not guilty and had not perpetrated assault, arguing that because the victim's husband had welcomed him into the residence, his behavior had been acceptable.

The panel in the Nîmes appeals court was presented with visual proof of Gisèle Pelicot’s unconscious figure, unconscious and breathing heavily in a unconscious condition, while a grinning Dogan engaged in violation multiple times over a period of what police said was several hours. The judge said she had been at danger of fatal outcome by suffocation. The state prosecution said there was no question that she had been incapacitated and had not given permission.

Defendant's Statements

The defendant stated to the court the videos were simply “sexual encounters” and denied it was assault. He said what he did was “a consensual activity”, not rape. He declared the court: “I did not commit rape.” He said the victim'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,” the accused told the court. “I continued because he persuaded me.”

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

Victim's Response

The survivor, who was supported upon exiting the courtroom each day by onlookers gathered to support her, told the defendant in court: “You haven’t understood. When are you going to recognise you violated me? It is unlawful to assault an incapacitated woman. When did I ever give you agreement? Not once.”

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

Prosecutor's Remarks

The prosecutor, speaking to the victim in court, said the defendant's failure to take blame showed that: “The shame remains. Society is perhaps in the midst of that, maybe motivated by the public consciousness brought by the exposure of your case.”

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

The prosecutor told Dogan: “As long as you reject it, it’s not just a person, it’s an whole unpleasant cultural framework that you are supporting.”

Personal History

Dogan was originated from the country of Turkey and at the age of five moved to the nation of France, where his parent worked as a concierge. The court heard that his parent was violent and that the defendant began consuming marijuana at the age of 10. When he was seventeen he was apprehended by police for selling narcotics and his father kicked him out the residence. He spent time in prison for narcotics offenses in his young adulthood and had worked as a construction worker but had faced periods of being unhoused.

He was married and had a child with special needs, who he was the main caregiver for, as his wife worked in a educational cafeteria. The evidence showed his wife did not know he had repeated intimate relations outside their union. His legal team said this was his way of coping with his difficult circumstances. Dogan had stated to a mental health expert that once a year he looked for transactional encounters on his special day. His legal representatives informed the court he had arthritis triggered by the pressure of the initial proceedings.