🔗 Share this article

An individual has been found guilty on appeal of sexually assaulting Gisele Pelicot after she was rendered comatose by her spouse – and was given his jail term raised to a decade.

Retrial Proceedings

The defendant, 44, an out-of-work construction worker, who had contested his first conviction last year, faced a retrial this week at the Nîmes court of appeal.

A jury of four women and five men, sitting with three judges, found Dogan guilty on Thursday of raping Pelicot in her home in the south of France in the early hours of June 29, 2019.

The court heard that the accused, a family man, made contact with the victim's then husband, the husband, in an internet forum titled “unbeknownst to her”, where Pelicot was seeking men to come to his home to rape his wife after he had rendered her unconscious into a deep sleep.

“We hope the court will affirm that in this nation, human rights are also women’s rights – that consent is personal, not delegated,” said Gisèle Pelicot’s lawyer, Antoine Camus. “Consent is received directly and not by proxy from a spouse.”

Context

Dominique Pelicot, among the most severe sexual predators in recent French history, was given a prison term to two decades in prison last year for incapacitating his then wife and bringing in multiple perpetrators to rape her in her home in the town of Mazan over a period of many years of their union.

Dozens of additional defendants were found culpable in a high-profile trial last year, and Dogan was the only man to appeal against his verdict. He was originally given a sentence to nine years in prison, a sentence increased on Thursday to a decade.

The state's attorney, Dominique Sie, had argued he should serve twelve years, because he “completely denies to take any responsibility”.

Courtroom Details

Dogan had initially sent Dominique Pelicot sexually explicit photos and then traveled an hour from his village in Provence to rape the victim, after informing his wife he was leaving, the evidence indicated.

Pelicot, who was brought from isolation in prison to briefly testify at the hearing, informed the court that Dogan had known his wife had been “drugged” and he told to men by phone: “I want someone to assault my wife after I’ve rendered her unconscious without her knowledge.”

The trial became a key topic for a wider discussion on rape culture in society as the defendant continued to assert he was not guilty and had not perpetrated assault, stating that because the victim's husband had allowed him into the bedroom, his actions had been acceptable.

The panel in the Nîmes appeals court was shown visual proof of the victim's unconscious figure, sedated and snoring in a unconscious condition, while a smiling the perpetrator engaged in violation repeatedly over a duration of what investigators stated was three and a half hours. The court official said she had been at danger of death by choking. The state's case said there was no question that she had been unaware and had not given permission.

Defendant's Statements

The defendant stated to the court the videos were simply “intimate moments” and disputed it was violation. He said what he did was “a consensual activity”, not assault. He stated the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had allowed him to the residence, and therefore it was acceptable. He said he was influenced by Dominique Pelicot. “I attempted to cease,” Dogan told the court. “I proceeded because he persuaded me.”

Inquired if he wanted to make a final statement to the court, Dogan said: “I did not intend to injure that individual.”

Pelicot's Words

Gisèle Pelicot, who was cheered upon leaving court each day by crowds assembled to back her, told Dogan in court: “You fail to comprehend. When will you acknowledge you raped me? It’s a crime to assault an incapacitated woman. At what point did I give you permission? At no time.”

The victim, 72, became an international feminist hero after she gave up her right to confidentiality in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

Sie, speaking to the victim in court, said the defendant's refusal to take responsibility showed that: “Guilt has not shifted. The public is possibly in the course of that, possibly motivated by the collective awareness resulting from the publication of your case.”

Sie said the defendant's claims of innocence showed how normalized violence was still prevalent in society as part of “archaic” forms of “patriarchal control”. He said: “We need to change the culture of violence to a ethos of permission.”

The prosecutor told the defendant: “While you deny it, it’s not just a person, it’s an entire disturbing social system that you are upholding.”

Personal History

The accused 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 concierge. The court heard that his father was violent and that Dogan began using drugs aged 10. When Dogan was 17 he was stopped by authorities for drug trafficking and his father evicted him the residence. He spent time in prison for trafficking in his twenties and had worked as a laborer but had faced periods of living on the streets.

He was married and had a child with a genetic condition, who he was the main caregiver for, as his spouse worked in a educational cafeteria. The court heard his wife did not know he had frequent intimate relations beyond their marriage. His defence said this was his method of dealing with his challenging existence. Dogan had stated to a mental health expert that once a year he looked for commercial sex on his special day. His legal representatives informed the court he had joint inflammation resulting from the anxiety of the initial proceedings.