🔗 Share this article

A defendant has been found guilty on higher court review of raping Gisele Pelicot after she was drugged unconscious by her spouse – and has had his prison sentence raised to ten years.

Higher Court Case

Dogan, 44, an out-of-work construction worker, who had challenged his first conviction last year, faced a retrial this week at the appeals court in Nîmes.

A panel of nine jurors, sitting with three judges, found Dogan guilty on Thursday of raping Pelicot in her residence in Provence in the morning of 29 June 2019.

The evidence showed that Dogan, a family man, connected with Gisèle Pelicot’s spouse, Dominique Pelicot, in an internet forum named “without her knowledge”, where the husband was seeking men to visit his house to rape his wife once he had rendered her unconscious into a comatose state.

“We hope the panel will affirm that in this nation, human rights are also rights of women – that agreement is individual, not given by another,” stated Gisèle Pelicot’s attorney, her legal representative. “Agreement is obtained directly and not through someone else from a husband.”

Case History

Dominique Pelicot, among the most severe sexual predators in recent French history, was sentenced to two decades in prison last year for sedating his wife at the time and inviting dozens of men to rape her in her home in the community of the village of Mazan over a duration of many years of their marriage.

Dozens of additional defendants were found culpable in a widely publicized trial last year, and the appellant was the single defendant to appeal against his conviction. He was first handed a term to nine years in prison, a penalty increased on Thursday to ten years.

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

Courtroom Details

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

Pelicot, who was brought from isolation in prison to temporarily testify at the appeal trial, informed the court that the accused had known his wife had been “incapacitated” and he told to men by phone: “I’m looking for someone to abuse 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 Dogan continued to say he was not guilty and had not perpetrated assault, arguing that because the victim's husband had invited him into the residence, his conduct had been justifiable.

The panel in the higher court was displayed visual proof of the victim's unconscious figure, unconscious and snoring in a unconscious condition, while a smiling the perpetrator committed rape repeatedly over a period of what police said was several hours. The judge said she had been at danger of death by choking. The state's case said there was no question that she had been incapacitated and had not consented.

Accused's Testimony

Dogan stated to the court the footage were simply “sexual encounters” and disputed it was violation. He said what he did was “an intimate behavior”, not rape. He told the court: “I did not commit rape.” He said the victim's husband had invited him to the home, and therefore it was permissible. He said he was manipulated by the husband. “I wanted to stop,” Dogan informed the court. “I carried on because he reassured me.”

Inquired if he wanted to make a last words to the court, the defendant said: “I never wanted to hurt that individual.”

Victim's Response

Gisèle Pelicot, who was applauded upon departing the trial each day by onlookers gathered to support her, told Dogan in court: “You fail to comprehend. When will you admit you assaulted me? It is unlawful to rape an incapacitated woman. When did I ever give you permission? Never.”

The victim, 72, 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

The prosecutor, addressing the victim in court, said the defendant's unwillingness to take responsibility showed that: “Shame has not yet changed sides. Society is perhaps in the process of that, perhaps motivated by the public consciousness spurred by the exposure of your case.”

The prosecutor said the defendant's claims of blamelessness showed how societal tolerance was still common in society as part of “archaic” forms of “patriarchal control”. He said: “Now we must change the culture of violence to a ethos of permission.”

The prosecutor addressed the defendant: “While you reject it, it’s not just a person, it’s an entire unpleasant cultural framework that you are upholding.”

Personal History

The accused was born in Turkey and at the age of five moved to the nation of France, where his parent worked as a caretaker. The testimony revealed that his parent was aggressive and that Dogan began consuming marijuana aged 10. When he was 17 he was caught by authorities for dealing drugs and his parent forced him to leave the residence. He served time in prison for narcotics offenses in his early 20s and had worked as a construction worker but had undergone periods of being unhoused.

He was wed and had a child with special needs, who he was the main caregiver for, as his spouse worked in a school canteen. The testimony revealed his spouse did not know he had regular intimate relations outside their union. His legal team said this was his way of coping with his stressful life. Dogan had informed a court psychologist that once a year he sought paid sex on his special day. His attorneys stated to the court he had arthritis caused by the pressure of the first trial.