🔗 Share this article

An individual was declared guilty on retrial of raping Gisele Pelicot following she was rendered comatose by her husband – and received his prison sentence increased to 10 years.

Retrial Proceedings

The defendant, 44, an unemployed builder, who had appealed his first conviction last year, experienced a appeal hearing 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 Pelicot in her bedroom in the south of France in the early hours of June 29, 2019.

The evidence showed that Dogan, a married father, reached out to the victim's spouse, the husband, in an internet forum named “without her knowledge”, where Pelicot was seeking men to visit his house to rape his wife after he had drugged her into a comatose state.

“We hope the court will say loud and clear that in this nation, fundamental rights are also women’s rights – that permission is individual, not given by another,” declared the victim's attorney, Antoine Camus. “Permission is secured personally and not via a representative from a husband.”

Background

The ex-husband, one of the worst sexual predators in France's contemporary records, was sentenced to 20 years in prison last year for incapacitating his spouse and inviting dozens of men to sexually assault her in her home in the community of Mazan over a duration of almost a decade of their union.

Dozens of additional defendants were found convicted in a high-profile trial last year, and the appellant was the single defendant to contest his verdict. He was first sentenced to 9 years in prison, a penalty raised on Thursday to a decade.

The state's attorney, the prosecutor, had argued he should serve twelve years, because he “absolutely refuses to take any blame”.

Testimony and Proof

Dogan had first sent the husband inappropriate pictures and then driven an hour from his residence in the region to assault the victim, after notifying his wife he was stepping out, the evidence indicated.

The ex-husband, who was transported from isolation in prison to briefly give evidence at the hearing, informed the court that the accused had understood his wife had been “incapacitated” and he told to men by phone: “I seek someone to assault my wife after I’ve put her to sleep without her consent.”

The courtroom became a focus point for a broader debate on rape culture in society as the defendant continued to claim he was not guilty and had not engaged in violation, arguing that because the victim's husband had invited him into the residence, his behavior had been justifiable.

The panel in the Nîmes appeals court was presented with visual proof of Gisèle Pelicot’s unresponsive form, unconscious and breathing heavily in a deep sleep, while a smiling the perpetrator committed rape multiple times over a duration of what police said was several hours. The court official said she had been at risk of fatal outcome by suffocation. The state prosecution said there was no doubt that she had been unaware and had not given permission.

Defendant's Statements

The defendant informed the court the footage were simply “intimate moments” and disputed it was assault. He said what he did was “an intimate behavior”, not assault. He told the court: “I am innocent of assault.” He said the victim's husband had allowed him to the home, and therefore it was acceptable. He said he was deceived by Dominique Pelicot. “I attempted to cease,” the accused informed the court. “I continued because he convinced me.”

Inquired if he wanted to make a final statement to the court, Dogan said: “I never wanted to harm that lady.”

Victim's Response

The survivor, who was applauded upon departing the trial each day by onlookers present to stand with her, told Dogan in court: “You haven’t understood. When are you going to recognise you assaulted me? It’s a crime to rape an unconscious woman. When did I ever give you permission? Not once.”

The victim, 72, became an symbol of resistance after she waived her right to anonymity in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

Sie, speaking to Gisèle Pelicot in court, said the defendant's unwillingness to take responsibility showed that: “Shame has not yet changed sides. The community is perhaps in the process of that, possibly driven by the collective awareness spurred by the publication of your ordeal.”

The prosecutor said the defendant's claims of innocence showed how normalized violence was still prevalent in society as part of “outdated” forms of “patriarchal control”. He said: “We need to change rape culture to a society based on agreement.”

The prosecutor addressed the defendant: “While you reject it, it’s not just a woman, it’s an entire disturbing societal structure that you are supporting.”

Personal History

Dogan was born in Turkey and at the age of 5 moved to France, where his parent worked as a concierge. The court heard that his father was violent and that Dogan began consuming marijuana at the age of 10. When Dogan was 17 he was stopped by police for drug trafficking and his father kicked him out of home. He spent time in prison for trafficking in his young adulthood and had worked as a builder but had undergone periods of being unhoused.

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 wife did not know he had frequent intimate relations outside their marriage. His defence said this was his way of coping with his difficult circumstances. The defendant had told a evaluator that annually he sought transactional encounters on his special day. His attorneys told the court he had a medical condition resulting from the pressure of the initial proceedings.