French Appeal Court Uphighers Prison Term for Gisele Pelicot Perpetrator

A defendant has been found guilty on retrial of sexually assaulting Gisèle Pelicot after she was drugged unconscious by her husband – and has had his prison sentence increased to ten years.

Higher Court Case

Dogan, forty-four, an out-of-work construction worker, who had contested his initial guilty verdict last year, experienced a retrial this week at the higher court in Nîmes.

A panel of nine jurors, accompanied by three judges, convicted Dogan on Thursday of raping Pelicot in her residence in Provence in the morning of June 29, 2019.

The evidence showed that the accused, a family man, reached out to Gisèle Pelicot’s then husband, Dominique Pelicot, in an internet forum called “without her consent”, where Pelicot was seeking men to enter his residence to assault his wife after he had sedated her into a unconscious state.

We trust the court will affirm that in this society, fundamental rights are also women’s rights – that agreement is individual, not delegated,” declared the victim's attorney, Antoine Camus. “Permission is received personally and not by proxy from a husband.”

Background

The husband, one of the worst sex offenders in modern French history, was given a prison term to 20 years in prison last year for sedating his then wife and soliciting multiple perpetrators to rape her in her home in the town of Mazan over a period of many years of their marriage.

Numerous other individuals were found culpable in a notable trial last year, and the appellant was the single defendant to challenge his conviction. He was first handed a term to nine years in prison, a sentence raised on Thursday to ten years.

The state's attorney, Dominique Sie, had stated he should serve twelve years, because he “absolutely refuses to take any accountability”.

Courtroom Details

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

The ex-husband, who was transported from isolation in prison to temporarily testify at the appeal trial, told the court that Dogan had known his wife had been “sedated” and he told to men by phone: “I seek someone to assault my wife after I’ve sedated her without her knowledge.”

The courtroom became a key topic for a larger conversation on sexual violence norms in society as the defendant continued to say he was innocent and had not perpetrated assault, contending that because the victim's husband had invited him into the bedroom, his actions had been permissible.

The panel in the higher court was shown visual proof of Gisèle Pelicot’s unconscious figure, sedated and snoring in a comatose state, while a grinning Dogan performed assault repeatedly over a duration of what authorities reported was several hours. The court official said she had been at peril of death by asphyxiation. The state prosecution said there was no doubt that she had been unaware and had not consented.

Accused's Testimony

The defendant informed the court the videos were simply “sexual encounters” and disputed it was assault. He said what he did was “a sexual act”, not rape. He told the court: “I did not commit rape.” He said the victim's husband had allowed him to the house, and therefore it was acceptable. He said he was deceived by Dominique Pelicot. “I tried to halt,” Dogan told the court. “I continued because he persuaded me.”

Asked if he wanted to make a closing remarks to the court, Dogan said: “I had no desire to hurt that individual.”

Survivor's Statement

Gisèle Pelicot, who was applauded upon leaving court each day by supporters assembled to stand with her, addressed the defendant in court: “You fail to comprehend. When will you acknowledge you raped me? It is unlawful to assault an incapacitated woman. How could I have give you consent? Never.”

The victim, seventy-two, became an global icon after she gave up her right to anonymity in the trial last year when she said: “Shame must change sides.”

Legal Commentary

The prosecutor, turning to Gisèle Pelicot in court, said Dogan’s refusal to take blame showed that: “The shame remains. The community is possibly in the midst of that, maybe driven by the collective awareness spurred by the publication of your ordeal.”

Sie said Dogan’s claims of innocence showed how rape culture was still widespread in society as part of “old-fashioned” forms of “male domination”. He said: “We need to change rape culture to a society based on agreement.”

The prosecutor said to the defendant: “While you deny it, it’s not just a person, it’s an complete sordid social system that you are supporting.”

Biographical Details

Dogan was originated from Turkey and at the age of five relocated to France, where his parent worked as a building manager. The evidence indicated that his parent was violent and that Dogan began using drugs at the age of ten. When Dogan was 17 he was apprehended by police for drug trafficking and his father evicted him the family house. He spent time in prison for trafficking in his early 20s and had worked as a laborer but had experienced periods of being unhoused.

He was wed and had a son with special needs, who he was the principal carer for, as his spouse worked in a educational cafeteria. The court heard his spouse did not know he had regular extramarital activities beyond their marriage. His defence said this was his way of coping with his stressful life. Dogan had informed a mental health expert that each year he sought commercial sex on his special day. His lawyers informed the court he had arthritis resulting from the stress of the first trial.