🔗 Share this article

An individual was convicted on appeal of raping Gisele Pelicot following she was sedated by her then-husband – and received his jail term increased to 10 years.

Appeal Trial

The defendant, forty-four, an unemployed builder, who had challenged his first conviction last year, faced a new trial this week at the appeals court in Nîmes.

A panel of five men and four women, joined by three judges, ruled against Dogan on Thursday of sexually assaulting the victim in her bedroom in the south of France in the morning of 29 June 2019.

The testimony revealed that the accused, a married father, made contact with Gisèle Pelicot’s husband at the time, the husband, in an digital platform called “unbeknownst to her”, where the husband was looking for men to visit his house to rape his wife once he had rendered her unconscious into a deep sleep.

“We hope the court will affirm that in this nation, fundamental rights are also rights of women – that permission is individual, not given by another,” declared the victim's lawyer, Antoine Camus. “Consent is received directly and not via a representative from a husband.”

Background

Dominique Pelicot, among the most severe sex offenders in recent French history, was sentenced to twenty years in prison last year for incapacitating his wife at the time and bringing in dozens of men to rape her in her home in the Provence village of Mazan over a duration of nearly ten years of their union.

Numerous other individuals were found culpable in a widely publicized trial last year, and Dogan was the single defendant to appeal against his verdict. He was initially given a sentence to nine years in prison, a punishment enhanced on Thursday to 10 years.

The lead state prosecutor, the prosecutor, had argued he should serve 12 years, because he “completely denies to take any blame”.

Courtroom Details

The defendant had initially sent Dominique Pelicot graphic images and then driven an hour from his residence in Provence to rape the victim, after telling his wife he was leaving, the court heard.

Pelicot, who was transported from isolation in prison to temporarily give evidence at the hearing, informed the court that the accused had been aware his wife had been “sedated” and he said to men by phone: “I want someone to assault my wife after I’ve rendered her unconscious without her knowledge.”

The proceedings became a key topic for a larger conversation on sexual violence norms in society as Dogan continued to say he was innocent and had not engaged in violation, contending that because Gisèle Pelicot’s husband had invited him into the bedroom, his behavior had been justifiable.

The jury in the Nîmes appeals court was shown video evidence of Gisèle Pelicot’s unresponsive form, unconscious and breathing heavily in a deep sleep, while a smiling the perpetrator performed assault on several occasions over a duration of what authorities reported was 3.5 hours. The presiding judge said she had been at peril of death by asphyxiation. The state prosecution said there was no question that she had been incapacitated and had not consented.

Dogan's Claims

The defendant told the court the footage were simply “sex scenes” and disputed it was assault. He said what he did was “a sexual act”, not assault. He told the court: “I never raped.” He said Gisèle Pelicot’s husband had brought him to the home, and therefore it was OK. He said he was deceived by the husband. “I tried to halt,” Dogan told the court. “I proceeded because he convinced me.”

Inquired if he wanted to make a last words to the court, the defendant said: “I had no desire to hurt that lady.”

Victim's Response

The survivor, who was supported upon departing the trial each day by supporters gathered to support her, addressed the defendant in court: “You fail to comprehend. When are you going to recognise you raped me? It’s a crime to rape an incapacitated woman. At what point did I give you agreement? Not once.”

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

State's Argument

Sie, addressing Gisèle Pelicot in court, said Dogan’s refusal to take responsibility showed that: “The shame remains. Society is maybe in the midst of that, perhaps propelled by the societal understanding spurred by the publication of your ordeal.”

The prosecutor said the defendant's claims of blamelessness showed how rape culture was still prevalent in society as part of “archaic” forms of “patriarchal control”. He said: “It is imperative to change the culture of violence to a society based on agreement.”

The prosecutor said to Dogan: “While you reject it, it’s not just a individual, it’s an entire unpleasant cultural framework that you are upholding.”

Biographical Details

The accused was originated from Turkey and at the age of five came to France, where his parent worked as a caretaker. The testimony revealed that his father was aggressive and that Dogan began smoking cannabis aged ten. When he was 17 he was caught by police for drug trafficking and his father kicked him out of home. He spent time in prison for drug dealing in his young adulthood and had worked as a builder but had experienced periods of homelessness.

He was wed and had a child with a genetic condition, who he was the primary guardian for, as his wife worked in a school canteen. The court heard his wife did not know he had frequent extramarital activities beyond their marriage. His defence said this was his way of coping with his challenging existence. Dogan had told a court psychologist that annually he engaged in paid sex on his special day. His legal representatives told the court he had a medical condition triggered by the pressure of the initial proceedings.