France's Appeal Tribunal Raises Sentence for Gisèle Pelicot Rapist

An individual has been found guilty on higher court review of sexually assaulting Gisèle Pelicot following she was drugged unconscious by her husband – and was given his incarceration period increased to a decade.

Higher Court Case

The defendant, forty-four, an out-of-work construction worker, who had contested his initial guilty verdict last year, faced a new trial this week at the appeals court in Nîmes.

A jury of four women and five men, sitting with three judges, ruled against Dogan on Thursday of sexually assaulting Pelicot in her residence in the south of France in the early hours of 29 June 2019.

The testimony revealed that Dogan, a married father, made contact with Gisèle Pelicot’s husband at the time, the husband, in an digital platform named “without her consent”, where the husband was looking for men to visit his house to assault his wife once he had rendered her unconscious into a comatose state.

“We hope the jury will declare that in this society, human rights are also women’s rights – that agreement is personal, not given by another,” said Gisèle Pelicot’s attorney, her legal representative. “Permission is obtained directly and not by proxy from a spouse.”

Case History

Dominique Pelicot, among the most severe sex offenders in recent French history, was sentenced to twenty years in prison last year for drugging his then wife and bringing in numerous individuals to rape her in her home in the community of Mazan over a period of many years of their marriage.

Fifty other men were found guilty in a high-profile trial last year, and Dogan was the single defendant to appeal against his conviction. He was first sentenced to 9 years in prison, a punishment raised on Thursday to 10 years.

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

Testimony and Proof

Dogan had initially sent the husband inappropriate pictures and then traveled an hour from his town in the region to assault Gisèle Pelicot, after notifying his wife he was going out, the testimony revealed.

The ex-husband, who was transported from isolation in prison to temporarily testify at the hearing, told the court that Dogan had been aware his wife had been “sedated” and he communicated to men by phone: “I seek someone to abuse my wife after I’ve sedated her unbeknownst to her.”

The trial became a focus point for a wider discussion on sexual violence norms in society as Dogan continued to claim he was blameless and had not committed rape, contending that because Gisèle Pelicot’s husband had invited him into the room, his conduct had been permissible.

The panel in the higher court was displayed recorded footage of Gisèle Pelicot’s unconscious figure, sedated and snoring in a comatose state, while a smiling the perpetrator performed assault on several occasions over a period of what investigators stated was several hours. The court official said she had been at peril of fatal outcome by suffocation. The prosecution said there was absolute certainty that she had been unconscious and had not agreed.

Accused's Testimony

The defendant stated to the court the footage were simply “sex scenes” and denied it was rape. He said what he did was “a consensual activity”, not rape. He declared the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had allowed him to the residence, and therefore it was acceptable. He said he was deceived by Dominique Pelicot. “I tried to halt,” the accused told the court. “I continued because he persuaded me.”

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

Pelicot's Words

The victim, who was applauded upon leaving court each day by onlookers present to support her, said to the defendant in court: “You fail to comprehend. When will you acknowledge you assaulted me? It’s a crime to rape an incapacitated woman. How could I have give you agreement? Not once.”

The victim, 72, became an global icon after she relinquished her right to privacy in the trial last year when she said: “Guilt ought to transfer.”

State's Argument

The prosecutor, turning to the victim in court, said the defendant's unwillingness to take blame showed that: “Guilt has not shifted. Society is possibly in the process of that, maybe motivated by the public consciousness resulting from the publication of your ordeal.”

Sie said the defendant's claims of innocence showed how societal tolerance was still common in society as part of “outdated” forms of “male domination”. He said: “We need to change the culture of violence to a society based on agreement.”

Sie addressed Dogan: “For as much as you reject it, it’s not just a person, it’s an complete disturbing societal structure that you are upholding.”

Defendant's Background

The accused was born in the country of Turkey and at the age of five moved to the nation of France, where his parent worked as a caretaker. The testimony revealed that his parent was violent and that Dogan began consuming marijuana aged ten. When he was 17 he was apprehended by authorities for selling narcotics and his parent evicted him the family house. He served time in prison for drug dealing in his twenties and had worked as a builder but had experienced periods of living on the streets.

He was wed and had a son with special needs, who he was the main caregiver for, as his spouse worked in a school canteen. The evidence showed his spouse did not know he had frequent extramarital activities beyond their union. His legal team said this was his way of coping with his challenging existence. The defendant had stated to a evaluator that once a year he engaged in paid sex on his birthday. His legal representatives told the court he had a medical condition resulting from the stress of the original case.