French Appeal Tribunal Uphighers Prison Term for Gisèle Pelicot Assailant

A man was declared guilty on appeal of raping Gisele Pelicot after she was rendered comatose by her then-husband – and was given his jail term increased to a decade.

Appeal Trial

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

A panel of five men and four women, accompanied by three judges, found Dogan guilty on Thursday of raping Pelicot in her bedroom in southern France in the morning of June 29, 2019.

The evidence showed that Dogan, a married father, reached out to the victim's husband at the time, Dominique Pelicot, in an online chatroom titled “without her knowledge”, where Pelicot was looking for men to come to his home to assault his wife after he had sedated her into a unconscious state.

We trust the panel will affirm that in this nation, human rights are also rights of women – that permission is individual, not transferred,” declared Gisèle Pelicot’s attorney, her legal representative. “Permission is obtained personally and not by proxy from a husband.”

Background

Dominique Pelicot, among the most severe sex offenders in modern French history, was sentenced to twenty years in prison last year for sedating his then wife and soliciting multiple perpetrators to rape her in her home in the community of Mazan over a period of nearly ten years of their marriage.

Numerous other individuals were found guilty in a high-profile trial last year, and the appellant was the sole individual to contest his sentence. He was originally sentenced to nine years in prison, a punishment increased on Thursday to ten years.

The lead state prosecutor, Dominique Sie, had stated he should serve twelve years, because he “stubbornly rejects to take any responsibility”.

Courtroom Details

The defendant had first sent Dominique Pelicot graphic images and then driven an hour from his town in the region to rape the victim, after telling his wife he was leaving, the court heard.

Pelicot, who was transported from solitary confinement in prison to briefly give evidence at the retrial, told the court that Dogan had been aware his wife had been “sedated” and he communicated to men by phone: “I’m looking for someone to assault my wife after I’ve sedated her unbeknownst to her.”

The trial became a central issue for a broader debate on rape culture in society as the defendant continued to say he was not guilty and had not perpetrated assault, arguing that because Gisèle Pelicot’s husband had invited him into the residence, his actions had been acceptable.

The jury in the Nîmes appeals court was shown video evidence of Gisèle Pelicot’s unresponsive form, comatose and breathing heavily in a deep sleep, while a smiling the perpetrator engaged in violation multiple times over a timeframe of what authorities reported was 3.5 hours. The court official said she had been at danger of fatal outcome by choking. The prosecution said there was no question that she had been unaware and had not agreed.

Accused's Testimony

Dogan informed the court the footage were simply “sex scenes” and disputed it was violation. He said what he did was “a consensual activity”, not assault. He declared the court: “I never raped.” He said the victim's husband had brought him to the residence, and therefore it was permissible. He said he was deceived by the husband. “I attempted to cease,” Dogan informed the court. “I proceeded because he persuaded me.”

Inquired if he wanted to make a last words to the court, the defendant said: “I did not intend to hurt that woman.”

Victim's Response

Gisèle Pelicot, who was supported upon exiting the courtroom each day by supporters assembled to back her, told Dogan in court: “You fail to comprehend. When will you acknowledge you assaulted me? It is illegal to assault an incapacitated woman. At what point did I give you permission? Not once.”

The victim, seventy-two, became an symbol of resistance after she relinquished her right to anonymity in the trial last year when she said: “The shame should shift.”

Legal Commentary

The prosecutor, turning to the victim in court, said Dogan’s refusal to take blame showed that: “The shame remains. The community is possibly in the process of that, maybe propelled by the collective awareness resulting from the revelation of your situation.”

Sie said the defendant's claims of non-guilt showed how societal tolerance was still widespread in society as part of “outdated” forms of “patriarchal control”. He said: “We need to change the culture of violence to a culture of consent.”

Sie told Dogan: “While you deny it, it’s not just a person, it’s an whole unpleasant societal structure that you are upholding.”

Personal History

Dogan was originated from the country of Turkey and at the age of 5 came to the nation of France, where his father worked as a caretaker. The evidence indicated that his father was abusive and that Dogan began consuming marijuana aged ten. When Dogan was seventeen he was caught by authorities for drug trafficking and his father evicted him the family house. He was incarcerated in prison for trafficking in his early 20s and had worked as a laborer but had faced periods of living on the streets.

He was married and had a son with a genetic condition, who he was the principal carer for, as his wife worked in a school canteen. The court heard his wife did not know he had regular sexual encounters beyond their marriage. His legal team said this was his strategy for managing with his challenging existence. The defendant had told a court psychologist that each year he looked for paid sex on his special day. His legal representatives told the court he had arthritis resulting from the pressure of the original case.