🔗 Share this article

An individual was convicted on higher court review of sexually assaulting Gisele Pelicot following she was sedated by her husband – and has had his jail term increased to 10 years.

Higher Court Case

Dogan, 44, an unemployed builder, who had appealed his first conviction last year, underwent a new trial this week at the higher court in Nîmes.

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

The evidence showed that Dogan, a family man, reached out to the victim's husband at the time, the husband, in an online chatroom titled “without her knowledge”, where the husband was looking for men to visit his house to assault his wife once he had drugged her into a deep sleep.

We expect the panel will declare that in this country, fundamental rights are also women’s rights – that consent is individual, not given by another,” declared Gisèle Pelicot’s lawyer, her legal representative. “Agreement is secured personally and not by proxy from a husband.”

Case History

The ex-husband, a notorious sex offenders in recent French history, was handed a sentence to twenty years in prison last year for incapacitating his wife at the time and bringing in multiple perpetrators to rape her in her home in the community of the village of Mazan over a span of almost a decade of their union.

Fifty other men were found convicted in a high-profile trial last year, and the appellant was the single defendant to contest his verdict. He was originally sentenced to 9 years in prison, a sentence increased on Thursday to ten years.

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

Evidence Presented

Dogan had initially sent Dominique Pelicot graphic images and then traveled an hour from his residence in the region to assault Gisèle Pelicot, after notifying his wife he was going out, the evidence indicated.

The ex-husband, who was transported from solitary confinement in prison to temporarily give evidence at the hearing, told the court that Dogan had known his wife had been “sedated” and he said to men by phone: “I want someone to assault my wife after I’ve put her to sleep unbeknownst to her.”

The trial became a focus point for a larger conversation on rape culture in society as Dogan continued to assert he was innocent and had not committed rape, contending that because the victim's husband had invited him into the residence, his actions had been justifiable.

The panel in the Nîmes appeals court was shown visual proof of Gisèle Pelicot’s unresponsive form, unconscious and breathing heavily in a comatose state, while a grinning the perpetrator engaged in violation multiple times over a timeframe of what investigators stated was 3.5 hours. The court official said she had been at risk of death by choking. The prosecution said there was no doubt that she had been unaware and had not agreed.

Defendant's Statements

The defendant told the court the videos were simply “sexual encounters” and disputed it was violation. He said what he did was “a consensual activity”, not assault. He told the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had invited him to the residence, and therefore it was permissible. He said he was influenced by Dominique Pelicot. “I attempted to cease,” the accused told the court. “I continued because he persuaded me.”

Questioned if he wanted to make a last words to the court, Dogan said: “I did not intend to injure that individual.”

Victim's Response

The victim, who was supported upon exiting the courtroom each day by onlookers assembled to back her, addressed the defendant in court: “You haven’t understood. When will you admit you violated me? It’s a crime to assault an unaware woman. At what point did I give you consent? Never.”

The victim, 72, became an global icon after she relinquished her right to privacy in the trial last year when she said: “Guilt ought to transfer.”

Legal Commentary

Sie, turning to the victim in court, said Dogan’s unwillingness to take blame showed that: “Shame has not yet changed sides. Society is maybe in the process of that, maybe propelled by the public consciousness spurred by the publication of your situation.”

The prosecutor 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: “It is imperative to change rape culture to a society based on agreement.”

Sie said to Dogan: “While you reject it, it’s not just a woman, it’s an entire unpleasant societal structure that you are upholding.”

Defendant's Background

Dogan was originated from the country of Turkey and at the age of 5 came to the nation of France, where his parent worked as a caretaker. The evidence indicated that his parent was aggressive and that the defendant began consuming marijuana aged ten. When he was seventeen he was caught by police for drug trafficking and his father forced him to leave the residence. He served time in prison for drug dealing in his early 20s and had worked as a builder but had experienced periods of living on the streets.

He was married and had a child with Down’s syndrome, who he was the primary guardian for, as his spouse worked in a institution's dining hall. The testimony revealed his spouse did not know he had frequent extramarital activities outside their union. His defence said this was his way of coping with his challenging existence. The defendant had stated to a evaluator that once a year he sought commercial sex on his special day. His legal representatives stated to the court he had a medical condition caused by the pressure of the original case.