France's Appeal Tribunal Raises Sentence for Gisele Pelicot Rapist

An individual was declared guilty on retrial of sexually assaulting Gisele Pelicot following she was rendered comatose by her then-husband – and received his incarceration period increased to 10 years.

Appeal Trial

The defendant, 44, an out-of-work construction worker, who had challenged his initial guilty verdict last year, faced a new trial this week at the appeals court in Nîmes.

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

The court heard that the accused, a married father, made contact with the victim's spouse, Dominique Pelicot, in an digital platform called “unbeknownst to her”, where the husband was recruiting men to visit his house to rape his wife after he had drugged her into a deep sleep.

We trust the court will say loud and clear that in this country, fundamental rights are also rights of women – that permission is personal, not delegated,” said Gisèle Pelicot’s lawyer, her legal representative. “Consent is secured directly and not via a representative from a spouse.”

Background

The ex-husband, a notorious sex offenders in France's contemporary records, was sentenced to twenty years in prison last year for incapacitating his spouse and inviting dozens of men to sexually assault her in her home in the town of Mazan over a span of nearly ten years of their union.

Fifty other men were found convicted in a notable trial last year, and the appellant was the only man to contest his conviction. He was first sentenced to nine years in prison, a penalty raised on Thursday to 10 years.

The chief prosecutor, the prosecutor, had stated he should serve twelve years, because he “completely denies to take any accountability”.

Testimony and Proof

Dogan had initially sent the husband sexually explicit photos and then driven an hour from his village in Provence to rape the victim, after telling his wife he was going out, the evidence indicated.

The ex-husband, who was brought from segregation in prison to temporarily provide testimony at the retrial, stated to the court that Dogan had been aware his wife had been “sedated” and he told to men by phone: “I want someone to abuse my wife after I’ve put her to sleep unbeknownst to her.”

The courtroom became a central issue for a wider discussion on societal attitudes in society as the defendant continued to say he was not guilty and had not engaged in violation, stating that because Gisèle Pelicot’s husband had allowed him into the room, his behavior had been permissible.

The panel in the higher court was presented with visual proof of the victim's unconscious figure, sedated and breathing heavily in a comatose state, while a smiling Dogan committed rape repeatedly over a duration of what authorities reported was several hours. The presiding judge said she had been at danger of fatal outcome by asphyxiation. The state's case said there was no doubt that she had been unconscious and had not consented.

Dogan's Claims

Dogan informed the court the videos were simply “sexual encounters” and rejected it was assault. He said what he did was “a consensual activity”, not rape. He told the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had allowed him to the home, and therefore it was acceptable. He said he was deceived by the husband. “I wanted to stop,” Dogan told the court. “I continued because he reassured me.”

Inquired if he wanted to make a closing remarks to the court, Dogan said: “I had no desire to injure that individual.”

Pelicot's Words

Gisèle Pelicot, who was applauded upon leaving court each day by crowds present to back her, told Dogan in court: “You haven’t understood. When will you admit you raped me? It is illegal to assault an unconscious woman. When did I ever give you permission? At no time.”

The victim, 72, became an global icon after she gave up her right to anonymity in the trial last year when she said: “The shame should shift.”

Prosecutor's Remarks

Sie, speaking to Gisèle Pelicot in court, said Dogan’s unwillingness to take accountability showed that: “Shame has not yet changed sides. The public is maybe in the process of that, possibly propelled by the collective awareness spurred by the exposure of your case.”

The prosecutor said Dogan’s claims of blamelessness showed how rape culture was still prevalent in society as part of “archaic” forms of “patriarchal control”. He said: “It is imperative to change rape culture to a society based on agreement.”

The prosecutor told Dogan: “As long as you deny it, it’s not just a woman, it’s an whole unpleasant societal structure that you are supporting.”

Personal History

The accused was born in Turkey and at the age of 5 came to the nation of France, where his father worked as a caretaker. The court heard that his parent was violent and that Dogan began using drugs at the age of ten. When he was seventeen he was stopped by police for drug trafficking and his father kicked him out the residence. He spent time in prison for trafficking in his young adulthood and had worked as a builder but had experienced periods of homelessness.

He was wed and had a son with Down’s syndrome, who he was the principal carer for, as his wife worked in a educational cafeteria. The court heard his spouse did not know he had regular sexual encounters beyond their marriage. His defence said this was his method of dealing with his stressful life. Dogan had informed a mental health expert that annually he looked for paid sex on his birthday. His legal representatives informed the court he had joint inflammation resulting from the pressure of the original case.