🔗 Share this article

A man has been found guilty on appeal of raping Gisele Pelicot following she was rendered comatose by her spouse – and has had his incarceration period extended to 10 years.

Retrial Proceedings

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

A jury of nine jurors, accompanied by three judges, found Dogan guilty on Thursday of raping Pelicot in her home in Provence in the early hours of June 29, 2019.

The evidence showed that the accused, a married father, made contact with Gisèle Pelicot’s then husband, the husband, in an online chatroom titled “unbeknownst to her”, where Pelicot was looking for men to enter his residence to assault his wife after he had drugged her into a unconscious state.

We expect the panel will affirm that in this nation, fundamental rights are also women’s rights – that agreement is individual, not given by another,” declared Gisèle Pelicot’s lawyer, her legal representative. “Consent is secured directly and not by proxy from a husband.”

Context

Dominique Pelicot, a notorious sexual predators in modern French history, was given a prison term to two decades in prison last year for sedating his spouse and soliciting numerous individuals to sexually assault her in her home in the community of Mazan over a period of many years of their union.

Numerous other individuals were found culpable in a notable trial last year, and the appellant was the only man to contest his conviction. He was first handed a term to 9 years in prison, a sentence raised on Thursday to a decade.

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

Courtroom Details

Dogan had first sent the husband sexually explicit photos and then traveled an hour from his town in the region to assault the victim, after telling his wife he was stepping out, the evidence indicated.

Pelicot, who was transported from solitary confinement in prison to briefly testify at the appeal trial, stated to the court that Dogan had been aware his wife had been “incapacitated” and he communicated to men by phone: “I seek someone to violate my wife after I’ve sedated her unbeknownst to her.”

The courtroom became a focus point for a larger conversation on societal attitudes in society as Dogan continued to say he was blameless and had not committed rape, arguing that because the victim's husband had welcomed him into the residence, his actions had been justifiable.

The panel in the Nîmes appeals court was presented with recorded footage of the victim's unresponsive form, comatose and breathing heavily in a deep sleep, while a grinning Dogan engaged in violation multiple times over a timeframe of what authorities reported was three and a half hours. The presiding judge said she had been at peril of fatal outcome by choking. The prosecution said there was absolute certainty that she had been unaware and had not consented.

Defendant's Statements

Dogan stated to the court the recordings were simply “sexual encounters” 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 Gisèle Pelicot’s husband had allowed him to the home, and therefore it was permissible. He said he was deceived by the husband. “I wanted to stop,” the accused told the court. “I proceeded because he convinced me.”

Asked if he wanted to make a closing remarks to the court, Dogan said: “I never wanted to injure that woman.”

Pelicot's Words

The victim, who was applauded upon exiting the courtroom each day by crowds present to stand with her, told the defendant in court: “You do not grasp. When will you admit you assaulted me? It’s a crime to assault an incapacitated woman. When did I ever give you consent? At no time.”

Gisèle Pelicot, seventy-two, became an symbol of resistance after she gave up her right to confidentiality in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

Sie, addressing the victim in court, said Dogan’s unwillingness to take accountability showed that: “Shame has not yet changed sides. Society is possibly in the midst of that, maybe motivated by the societal understanding resulting from the exposure of your situation.”

Sie said the defendant's claims of non-guilt showed how rape culture was still prevalent in society as part of “old-fashioned” forms of “gender-based power”. He said: “It is imperative to change rape culture to a culture of consent.”

Sie told the defendant: “For as much as you refuse to admit it, it’s not just a woman, it’s an complete disturbing societal structure that you are endorsing.”

Biographical Details

Dogan was born in the country of Turkey and at the age of five relocated to France, where his father worked as a caretaker. The evidence indicated that his parent was aggressive and that the defendant began using drugs at the age of 10. When he was 17 he was stopped by authorities for selling narcotics and his father evicted him of home. He served time in prison for trafficking in his twenties and had worked as a laborer but had faced periods of being unhoused.

He was wed and had a son with Down’s syndrome, who he was the main caregiver for, as his spouse worked in a educational cafeteria. The court heard his spouse did not know he had frequent extramarital activities outside their marriage. His legal team said this was his way of coping with his difficult circumstances. Dogan had informed a mental health expert that once a year he looked for paid sex on his special day. His lawyers stated to the court he had joint inflammation triggered by the pressure of the original case.