🔗 Share this article

A defendant was convicted on higher court review of sexually assaulting Gisèle Pelicot following she was sedated by her spouse – and was given his prison sentence increased to a decade.

Appeal Trial

Dogan, forty-four, an out-of-work construction worker, who had challenged his first conviction last year, faced a retrial this week at the Nîmes court of appeal.

A jury of nine jurors, accompanied by three judges, ruled against Dogan on Thursday of raping the victim in her bedroom in Provence in the morning of 29 June 2019.

The evidence showed that Dogan, a family man, connected with the victim's husband at the time, Dominique Pelicot, in an online chatroom titled “without her consent”, where the husband was looking for men to come to his home to assault his wife after he had drugged her into a unconscious state.

We expect the jury will say loud and clear that in this country, human rights are also rights of women – that permission is personal, not transferred,” stated the victim's attorney, Antoine Camus. “Permission is secured personally and not by proxy from a husband.”

Background

The husband, among the most severe sexual predators in recent French history, was given a prison term to 20 years in prison last year for sedating his spouse and inviting dozens of men to rape her in her home in the Provence village of the village of Mazan over a period of many years of their union.

Numerous other individuals were found culpable in a widely publicized trial last year, and Dogan was the single defendant to contest his sentence. He was initially sentenced to 9 years in prison, a sentence increased on Thursday to 10 years.

The chief prosecutor, Dominique Sie, had stated he should serve twelve years, because he “absolutely refuses to take any accountability”.

Testimony and Proof

Dogan had first sent the husband inappropriate pictures and then driven an hour from his village in Provence to assault the victim, after telling his wife he was leaving, the testimony revealed.

The ex-husband, who was transported from segregation in prison to briefly give evidence at the hearing, stated to the court that Dogan had understood his wife had been “incapacitated” and he communicated to men by phone: “I want someone to abuse my wife after I’ve rendered her unconscious without her knowledge.”

The courtroom became a central issue for a larger conversation on sexual violence norms in society as Dogan continued to assert he was innocent and had not committed rape, contending that because Gisèle Pelicot’s husband had welcomed him into the room, his conduct had been acceptable.

The panel in the higher court was displayed recorded footage of Gisèle Pelicot’s unconscious figure, sedated and breathing heavily in a deep sleep, while a grinning the perpetrator performed assault repeatedly over a period of what investigators stated was 3.5 hours. The court official said she had been at risk of fatal outcome by choking. The state's case said there was absolute certainty that she had been unconscious and had not consented.

Accused's Testimony

Dogan stated to the court the videos were simply “intimate moments” and denied it was violation. He said what he did was “an intimate behavior”, not rape. He told the court: “I never raped.” He said the victim's husband had invited him to the house, and therefore it was acceptable. He said he was deceived by the husband. “I attempted to cease,” Dogan stated to the court. “I continued because he reassured me.”

Inquired if he wanted to make a final statement to the court, the defendant said: “I had no desire to harm that individual.”

Pelicot's Words

Gisèle Pelicot, who was cheered upon departing the trial each day by supporters present to back her, said to the defendant in court: “You haven’t understood. When will you admit you raped me? It’s a crime to rape an unaware woman. When did I ever give you agreement? Never.”

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

Legal Commentary

Sie, speaking to Gisèle Pelicot in court, said Dogan’s refusal to take blame showed that: “Shame has not yet changed sides. The public is possibly in the midst of that, perhaps propelled by the collective awareness resulting from the publication of your situation.”

Sie said Dogan’s claims of blamelessness showed how societal tolerance was still widespread in society as part of “outdated” forms of “patriarchal control”. He said: “It is imperative to change the culture of violence to a ethos of permission.”

The prosecutor addressed Dogan: “While you reject it, it’s not just a individual, it’s an entire disturbing social system that you are upholding.”

Defendant's Background

Dogan was originated from the country of Turkey and at the age of 5 came to France, where his parent worked as a building manager. The evidence indicated that his parent was abusive and that the defendant began using drugs at the age of ten. When he was seventeen he was apprehended by authorities for dealing drugs and his father evicted him of home. He was incarcerated in prison for drug dealing in his twenties and had worked as a builder but had experienced periods of being unhoused.

He was wed and had a son with Down’s syndrome, who he was the principal carer for, as his wife worked in a educational cafeteria. The testimony revealed his wife did not know he had frequent extramarital activities beyond their union. His legal team said this was his way of coping with his difficult circumstances. Dogan had stated to a mental health expert that annually he sought paid sex on his special day. His attorneys told the court he had arthritis resulting from the anxiety of the first trial.