French Higher Tribunal Raises Sentence for Gisèle Pelicot Perpetrator

A man was declared guilty on higher court review of raping Gisèle Pelicot following she was rendered comatose by her spouse – and has had his jail term raised to ten years.

Appeal Trial

Dogan, forty-four, an out-of-work construction worker, who had challenged his initial guilty verdict last year, experienced a new trial this week at the Nîmes court of appeal.

A panel of five men and four women, joined by three judges, ruled against Dogan on Thursday of sexually assaulting Pelicot in her home in Provence in the early hours of 29 June 2019.

The court heard that the accused, a family man, reached out to Gisèle Pelicot’s then husband, Dominique Pelicot, in an internet forum titled “without her consent”, where Pelicot was looking for men to visit his house to rape his wife after he had drugged her into a unconscious state.

“We hope the panel will affirm that in this country, fundamental rights are also women’s rights – that agreement is personal, not transferred,” declared Gisèle Pelicot’s lawyer, Antoine Camus. “Consent is obtained personally and not via a representative from a spouse.”

Case History

Dominique Pelicot, among the most severe sexual predators in recent French history, was given a prison term to two decades in prison last year for drugging his then wife and soliciting multiple perpetrators to rape her in her home in the town of Mazan over a period of almost a decade of their union.

Numerous other individuals were found convicted in a notable trial last year, and Dogan was the single defendant to appeal against his verdict. He was initially given a sentence to 9 years in prison, a punishment enhanced on Thursday to ten years.

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

Evidence Presented

Dogan had initially sent Dominique Pelicot inappropriate pictures and then traveled an hour from his residence in Provence to assault Gisèle Pelicot, after informing his wife he was going out, the court heard.

The ex-husband, who was transported from segregation in prison to temporarily provide testimony at the hearing, stated to the court that the accused had known his wife had been “incapacitated” and he told 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 focus point for a larger conversation on societal attitudes in society as Dogan continued to say he was not guilty and had not engaged in violation, stating that because the victim's husband had allowed him into the room, his conduct had been justifiable.

The panel in the Nîmes appeals court was displayed recorded footage of Gisèle Pelicot’s unresponsive form, unconscious and snoring in a deep sleep, while a grinning the perpetrator committed rape multiple times over a period of what police said was three and a half hours. The presiding judge said she had been at danger of fatal outcome by choking. The state's case said there was no question that she had been unaware and had not agreed.

Dogan's Claims

The defendant stated to the court the recordings were simply “sex scenes” and rejected it was violation. He said what he did was “a consensual activity”, not assault. He declared the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had invited him to the residence, and therefore it was acceptable. He said he was manipulated by Dominique Pelicot. “I wanted to stop,” Dogan told the court. “I carried on because he persuaded me.”

Inquired if he wanted to make a final statement to the court, the defendant said: “I never wanted to harm that individual.”

Victim's Response

The survivor, who was applauded upon leaving court each day by onlookers assembled to back her, told the defendant in court: “You haven’t understood. When are you going to recognise you raped me? It is unlawful to rape an incapacitated woman. How could I have give you agreement? Never.”

The victim, seventy-two, 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.”

Prosecutor's Remarks

Sie, speaking to the victim in court, said Dogan’s unwillingness to take responsibility showed that: “The shame remains. Society is maybe in the course of that, perhaps driven by the public consciousness brought by the publication of your situation.”

The prosecutor said Dogan’s claims of innocence showed how societal tolerance was still prevalent in society as part of “old-fashioned” forms of “patriarchal control”. He said: “Now we must change rape culture to a society based on agreement.”

The prosecutor told Dogan: “As long as you reject it, it’s not just a individual, it’s an complete disturbing social system that you are supporting.”

Defendant's Background

The accused was originated from the country of Turkey and at the age of 5 came to France, where his father worked as a building manager. The evidence indicated that his father was aggressive and that Dogan began smoking cannabis aged 10. When he was seventeen he was apprehended by authorities for drug trafficking and his parent kicked him out the residence. He spent time in prison for trafficking in his young adulthood and had worked as a construction worker but had undergone periods of homelessness.

He was wed and had a child with a genetic condition, who he was the main caregiver for, as his spouse worked in a educational cafeteria. The testimony revealed his spouse did not know he had regular sexual encounters outside their marriage. His legal team said this was his method of dealing with his challenging existence. The defendant had stated to a mental health expert that annually he engaged in transactional encounters on his special day. His lawyers told the court he had joint inflammation resulting from the pressure of the initial proceedings.