France's Appeal Tribunal Increases Jail Time for Gisele Pelicot Perpetrator

A man was declared guilty on retrial of raping Gisele Pelicot after she was drugged unconscious by her spouse – and was given his prison sentence raised to ten years.

Higher Court Case

The defendant, 44, an out-of-work construction worker, who had appealed his first conviction last year, underwent a retrial this week at the Nîmes court of appeal.

A panel of five men and four women, sitting with three judges, convicted Dogan on Thursday of raping Pelicot in her bedroom in southern France in the early hours of June 29, 2019.

The court heard that the accused, a married father, connected with the victim's spouse, the husband, in an digital platform named “without her consent”, where Pelicot was looking for men to enter his residence to rape his wife after he had rendered her unconscious into a comatose state.

We expect the jury will say loud and clear that in this country, human rights are also women’s rights – that permission is personal, not delegated,” stated the victim's lawyer, Antoine Camus. “Agreement is obtained personally and not by proxy from a spouse.”

Context

The ex-husband, one of the worst sexual predators in recent French history, was handed a sentence to twenty years in prison last year for incapacitating his then wife and inviting dozens of men to sexually assault her in her home in the community of Mazan over a duration of almost a decade of their marriage.

Numerous other individuals were found guilty in a high-profile trial last year, and Dogan was the only man to contest his conviction. He was initially handed a term to 9 years in prison, a sentence raised on Thursday to a decade.

The chief prosecutor, Dominique Sie, had contended he should serve 12 years, because he “completely denies to take any responsibility”.

Courtroom Details

Dogan had first sent Dominique Pelicot inappropriate pictures and then traveled an hour from his residence in the region to assault the victim, after telling his wife he was leaving, the testimony revealed.

Pelicot, who was transported from isolation in prison to temporarily give evidence at the appeal trial, informed the court that the accused had been aware his wife had been “incapacitated” and he communicated to men by phone: “I seek someone to violate my wife after I’ve sedated her without her consent.”

The trial became a central issue for a broader debate on sexual violence norms in society as Dogan continued to assert he was blameless and had not committed rape, stating that because Gisèle Pelicot’s husband had welcomed him into the room, his conduct had been acceptable.

The panel in the higher court was shown recorded footage of Gisèle Pelicot’s unconscious figure, sedated and breathing heavily in a comatose state, while a smiling the perpetrator committed rape multiple times over a timeframe of what investigators stated was 3.5 hours. The presiding judge said she had been at risk of fatal outcome by asphyxiation. The state prosecution said there was absolute certainty that she had been unconscious and had not given permission.

Dogan's Claims

Dogan 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 am innocent of assault.” He said Gisèle Pelicot’s husband had brought him to the house, and therefore it was OK. He said he was manipulated by Dominique Pelicot. “I wanted to stop,” Dogan told the court. “I continued because he convinced me.”

Questioned if he wanted to make a closing remarks to the court, the defendant said: “I had no desire to injure that woman.”

Victim's Response

Gisèle Pelicot, who was supported upon leaving court each day by supporters assembled to stand with her, said to the defendant in court: “You fail to comprehend. When are you going to recognise you violated me? It’s a crime to rape an unaware woman. How could I have give you consent? Never.”

Gisèle Pelicot, seventy-two, became an symbol of resistance after she waived her right to privacy in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

The prosecutor, addressing Gisèle Pelicot in court, said Dogan’s unwillingness to take responsibility showed that: “Shame has not yet changed sides. Society is perhaps in the midst of that, maybe driven by the public consciousness resulting from the exposure of your situation.”

The prosecutor said Dogan’s claims of non-guilt showed how normalized violence was still widespread in society as part of “old-fashioned” forms of “male domination”. He said: “Now we must change rape culture to a culture of consent.”

Sie addressed Dogan: “While you reject it, it’s not just a woman, it’s an complete unpleasant societal structure that you are upholding.”

Defendant's Background

Dogan was born in the country of Turkey and at the age of 5 moved to France, where his parent worked as a concierge. The testimony revealed that his parent was abusive and that the defendant began smoking cannabis aged ten. When he was seventeen he was caught by authorities for dealing drugs and his parent evicted him the family house. He spent time in prison for narcotics offenses in his twenties and had worked as a builder but had faced periods of being unhoused.

He was married and had a son with a genetic condition, who he was the principal carer for, as his spouse worked in a school canteen. The court heard his spouse did not know he had regular intimate relations beyond their marriage. His defence said this was his method of dealing with his difficult circumstances. Dogan had stated to a evaluator that each year he engaged in paid sex on his special day. His lawyers informed the court he had joint inflammation resulting from the anxiety of the first trial.