French Higher Tribunal Increases Prison Term for Gisèle Pelicot Perpetrator

A man was convicted on higher court review of raping Gisele Pelicot following she was drugged unconscious by her then-husband – and has had his prison sentence raised to a decade.

Higher Court Case

The defendant, forty-four, an unemployed builder, who had contested his first conviction last year, underwent a retrial this week at the Nîmes court of appeal.

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

The court heard that Dogan, a married father, made contact with Gisèle Pelicot’s then husband, Dominique Pelicot, in an online chatroom named “unbeknownst to her”, where Pelicot was looking for men to visit his house to rape his wife once he had sedated her into a unconscious state.

“We hope the panel will affirm that in this nation, fundamental rights are also rights of women – that agreement is personal, not transferred,” stated Gisèle Pelicot’s lawyer, her legal representative. “Consent is received directly and not through someone else from a husband.”

Background

The ex-husband, a notorious sexual predators in recent French history, was handed a sentence to 20 years in prison last year for drugging his then wife and inviting multiple perpetrators to sexually assault her in her home in the Provence village of Mazan over a period of almost a decade of their marriage.

Numerous other individuals were found guilty in a widely publicized trial last year, and Dogan was the single defendant to contest his sentence. He was initially handed a term to nine years in prison, a penalty increased on Thursday to ten years.

The state's attorney, Dominique Sie, had contended he should serve 12 years, because he “stubbornly rejects to take any blame”.

Testimony and Proof

The defendant had first sent the husband inappropriate pictures and then traveled an hour from his town in the region to rape Gisèle Pelicot, after notifying his wife he was stepping out, the testimony revealed.

The ex-husband, who was brought from segregation in prison to briefly give evidence at the retrial, informed the court that the accused had understood his wife had been “drugged” and he said to men by phone: “I want someone to assault my wife after I’ve rendered her unconscious without her knowledge.”

The trial became a focus point for a broader debate on societal attitudes in society as the defendant continued to say he was not guilty and had not engaged in violation, arguing that because Gisèle Pelicot’s husband had welcomed him into the room, his conduct had been acceptable.

The jury in the Nîmes appeals court was displayed visual proof of the victim's unconscious figure, sedated and snoring in a comatose state, while a smiling the perpetrator committed rape on several occasions over a duration of what police said was 3.5 hours. The presiding judge said she had been at risk of fatal outcome by suffocation. The state's case said there was no question that she had been unconscious and had not given permission.

Defendant's Statements

The defendant informed the court the videos were simply “sexual encounters” and disputed it was assault. He said what he did was “a consensual activity”, not assault. He told the court: “I am innocent of assault.” He said the victim's husband had brought him to the house, and therefore it was acceptable. He said he was manipulated by the husband. “I wanted to stop,” Dogan informed the court. “I proceeded because he reassured me.”

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

Victim's Response

The victim, who was applauded upon departing the trial each day by onlookers present to support her, told the defendant in court: “You fail to comprehend. When are you going to recognise you violated me? It is unlawful to assault an incapacitated woman. At what point did I give you consent? Never.”

The victim, seventy-two, became an global icon after she waived her right to confidentiality in the trial last year when she said: “The shame should shift.”

State's Argument

The prosecutor, speaking to the victim in court, said Dogan’s refusal to take accountability showed that: “The shame remains. The community is possibly in the process of that, perhaps propelled by the collective awareness resulting from the exposure of your case.”

The prosecutor said Dogan’s claims of innocence showed how rape culture was still prevalent in society as part of “outdated” forms of “gender-based power”. He said: “Now we must change rape culture to a ethos of permission.”

The prosecutor told the defendant: “For as much as you deny it, it’s not just a individual, it’s an entire unpleasant cultural framework that you are endorsing.”

Defendant's Background

Dogan was born in Turkey and at the age of five moved to France, where his father worked as a building manager. The testimony revealed that his father was aggressive and that Dogan began smoking cannabis aged ten. When Dogan was seventeen he was caught by police for drug trafficking and his father forced him to leave of home. He was incarcerated in prison for drug dealing in his twenties and had worked as a construction worker but had faced periods of homelessness.

He was wed and had a child with a genetic condition, who he was the primary guardian for, as his spouse worked in a educational cafeteria. The testimony revealed his spouse did not know he had repeated intimate relations beyond their marriage. His defence said this was his method of dealing with his challenging existence. Dogan had informed a court psychologist that each year he looked for commercial sex on his special day. His legal representatives stated to the court he had joint inflammation resulting from the anxiety of the initial proceedings.