🔗 Share this article

A man was declared guilty on appeal of raping Gisele Pelicot after she was rendered comatose by her then-husband – and received his prison sentence extended to 10 years.

Higher Court Case

Dogan, 44, an unemployed builder, who had contested his first conviction last year, faced a new trial this week at the Nîmes court of appeal.

A jury of four women and five men, accompanied by three judges, convicted Dogan on Thursday of sexually assaulting Pelicot in her residence in Provence in the early hours of June 29, 2019.

The evidence showed that Dogan, a married father, made contact with Gisèle Pelicot’s spouse, Dominique Pelicot, in an digital platform named “unbeknownst to her”, where the husband was looking for men to come to his home to rape his wife once he had drugged her into a unconscious state.

“We hope the jury will affirm that in this society, human rights are also women’s rights – that permission is personal, not given by another,” said Gisèle Pelicot’s lawyer, her legal representative. “Permission is received directly and not via a representative from a spouse.”

Case History

The husband, one of the worst sexual predators in France's contemporary records, was handed a sentence to 20 years in prison last year for drugging his then wife and inviting dozens of men to rape her in her home in the Provence village of Mazan over a period of almost a decade of their union.

Dozens of additional defendants were found culpable in a widely publicized trial last year, and the appellant was the sole individual to contest his conviction. He was initially sentenced to nine years in prison, a sentence raised on Thursday to 10 years.

The chief prosecutor, Dominique Sie, had argued he should serve 12 years, because he “absolutely refuses to take any responsibility”.

Testimony and Proof

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

The ex-husband, who was transported from isolation in prison to temporarily give evidence at the appeal trial, informed the court that the accused had known his wife had been “incapacitated” and he communicated to men by phone: “I seek someone to abuse my wife after I’ve sedated her without her consent.”

The trial became a key topic for a wider discussion on rape culture in society as Dogan continued to say he was innocent and had not perpetrated assault, arguing that because Gisèle Pelicot’s husband had allowed him into the bedroom, his behavior had been justifiable.

The jury in the Nîmes appeals court was shown visual proof of Gisèle Pelicot’s unresponsive form, unconscious and breathing heavily in a unconscious condition, while a smiling Dogan performed assault repeatedly over a period of what investigators stated was 3.5 hours. The judge said she had been at risk of fatal outcome by asphyxiation. The state prosecution said there was no question that she had been unaware and had not given permission.

Accused's Testimony

Dogan informed the court the recordings were simply “sex scenes” and disputed it was assault. He said what he did was “a sexual act”, not assault. He declared the court: “I did not commit rape.” He said the victim's husband had invited him to the home, and therefore it was OK. He said he was influenced by the husband. “I wanted to stop,” the accused told the court. “I proceeded because he convinced me.”

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

Pelicot's Words

The victim, who was applauded upon exiting the courtroom each day by crowds gathered to support her, addressed the defendant in court: “You fail to comprehend. When will you admit you violated me? It is unlawful to assault an incapacitated woman. At what point did I give you permission? Never.”

Gisèle Pelicot, 72, became an global icon after she gave up her right to privacy in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

The prosecutor, speaking to Gisèle Pelicot in court, said the defendant's failure to take blame showed that: “Guilt has not shifted. The community is possibly in the course of that, possibly driven by the societal understanding resulting from the publication of your situation.”

The prosecutor said the defendant's claims of non-guilt showed how rape culture was still common in society as part of “archaic” forms of “gender-based power”. He said: “It is imperative to change the culture of violence to a society based on agreement.”

The prosecutor said to the defendant: “For as much as you deny it, it’s not just a woman, it’s an entire unpleasant societal structure that you are upholding.”

Personal History

Dogan was born in the country of Turkey and at the age of five moved to France, where his parent worked as a caretaker. The court heard that his father was aggressive and that the defendant began using drugs aged 10. When Dogan was seventeen he was caught by police for selling narcotics and his father evicted him of home. He served time in prison for narcotics offenses in his twenties and had worked as a laborer but had undergone periods of living on the streets.

He was married and had a son with a genetic condition, who he was the primary guardian for, as his wife worked in a educational cafeteria. The evidence showed his spouse did not know he had regular extramarital activities beyond their union. His defence said this was his way of coping with his difficult circumstances. Dogan had told a court psychologist that once a year he sought paid sex on his special day. His legal representatives told the court he had arthritis caused by the anxiety of the initial proceedings.