🔗 Share this article

A defendant was convicted on appeal of raping Gisele Pelicot after she was rendered comatose by her then-husband – and was given his jail term increased to ten years.

Retrial Proceedings

The defendant, 44, an out-of-work construction worker, who had contested his initial guilty verdict last year, experienced a new trial this week at the higher court in Nîmes.

A jury of four women and five men, joined by three judges, convicted Dogan on Thursday of raping the victim in her bedroom in southern France in the morning of June 29, 2019.

The evidence showed that Dogan, a married father, made contact with Gisèle Pelicot’s spouse, Dominique Pelicot, in an internet forum titled “without her knowledge”, where Pelicot was recruiting men to enter his residence to assault his wife after he had drugged her into a comatose state.

“We hope the panel will say loud and clear that in this society, human rights are also women’s rights – that permission is personal, not delegated,” said the victim's attorney, Antoine Camus. “Permission is obtained personally and not by proxy from a husband.”

Context

The ex-husband, one of the worst sex offenders in France's contemporary records, was handed a sentence to 20 years in prison last year for sedating his spouse and bringing in dozens of men to rape her in her home in the town of Mazan over a duration of almost a decade of their union.

Dozens of additional defendants were found guilty in a notable trial last year, and the appellant was the sole individual to appeal against his verdict. He was originally sentenced to 9 years in prison, a sentence enhanced on Thursday to a decade.

The chief prosecutor, Dominique Sie, had argued he should serve twelve years, because he “completely denies to take any responsibility”.

Testimony and Proof

Dogan had initially sent the husband graphic images and then driven an hour from his town in the region to assault Gisèle Pelicot, after informing his wife he was stepping out, the court heard.

The ex-husband, who was brought from solitary confinement in prison to temporarily testify at the appeal trial, told the court that Dogan had been aware his wife had been “drugged” and he told to men by phone: “I seek someone to assault my wife after I’ve sedated her unbeknownst to her.”

The trial became a focus point for a wider discussion on sexual violence norms in society as Dogan continued to assert he was innocent and had not committed rape, contending that because the victim's husband had allowed him into the residence, his conduct had been permissible.

The jury in the Nîmes appeals court was shown video evidence of Gisèle Pelicot’s limp body, sedated and snoring in a deep sleep, while a grinning 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 peril of death by suffocation. The state's case said there was no question that she had been incapacitated and had not consented.

Defendant's Statements

Dogan stated to the court the videos were simply “intimate moments” and disputed it was assault. He said what he did was “an intimate behavior”, not rape. He told the court: “I never raped.” He said the victim's husband had brought him to the residence, and therefore it was acceptable. He said he was deceived by the husband. “I attempted to cease,” Dogan informed the court. “I continued because he convinced me.”

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

Pelicot's Words

The survivor, who was applauded upon departing the trial each day by supporters gathered to support her, addressed Dogan in court: “You fail to comprehend. When will you admit you assaulted me? It’s a crime to assault an unaware woman. At what point did I give you consent? Never.”

The victim, seventy-two, became an symbol of resistance after she relinquished her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”

Legal Commentary

The prosecutor, addressing the victim in court, said Dogan’s failure to take responsibility showed that: “The shame remains. The community is possibly in the midst of that, possibly propelled by the societal understanding brought by the publication of your case.”

The prosecutor said Dogan’s claims of blamelessness showed how societal tolerance was still common in society as part of “archaic” forms of “gender-based power”. He said: “It is imperative to change the culture of violence to a ethos of permission.”

The prosecutor told the defendant: “For as much as you refuse to admit it, it’s not just a woman, it’s an complete sordid cultural framework that you are upholding.”

Defendant's Background

The accused was originated from 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 parent was violent and that Dogan began consuming marijuana at the age of 10. When he was 17 he was caught by police for selling narcotics and his parent evicted him the residence. He served time in prison for drug dealing in his twenties and had worked as a laborer but had experienced periods of homelessness.

He was wed and had a child with special needs, who he was the primary guardian for, as his wife worked in a school canteen. The testimony revealed his spouse did not know he had frequent extramarital activities beyond their marriage. His defence said this was his method of dealing with his difficult circumstances. The defendant had stated to a mental health expert that annually he looked for transactional encounters on his special day. His legal representatives told the court he had arthritis triggered by the anxiety of the first trial.