France's Appeal Tribunal Uphighers Jail Time for Gisele Pelicot Rapist

A defendant was convicted on retrial of sexually assaulting Gisele Pelicot following she was drugged unconscious by her then-husband – and was given his prison sentence extended to ten years.

Higher Court Case

The defendant, forty-four, an unemployed builder, who had contested his initial guilty verdict last year, underwent a new trial this week at the Nîmes court of appeal.

A panel of nine jurors, sitting with three judges, convicted Dogan on Thursday of raping Pelicot in her bedroom in southern France in the morning of June 29, 2019.

The court heard that Dogan, a married father, made contact with Gisèle Pelicot’s spouse, Dominique Pelicot, in an online chatroom titled “unbeknownst to her”, where Pelicot was recruiting men to visit his house to rape his wife after he had drugged her into a unconscious state.

“We hope the panel will say loud and clear that in this country, human rights are also rights of women – that permission is individual, not delegated,” declared Gisèle Pelicot’s attorney, Antoine Camus. “Consent is secured directly and not via a representative from a husband.”

Case History

The husband, among the most severe sex offenders in modern French history, was given a prison term to twenty years in prison last year for incapacitating his spouse and bringing in dozens of men to sexually assault her in her home in the Provence village of the village of Mazan over a period of nearly ten years of their union.

Numerous other individuals were found culpable in a high-profile trial last year, and Dogan was the sole individual to contest his sentence. He was originally handed a term to 9 years in prison, a punishment increased on Thursday to 10 years.

The state's attorney, Dominique Sie, had contended he should serve twelve years, because he “completely denies to take any accountability”.

Evidence Presented

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

The ex-husband, who was transported from segregation in prison to briefly testify at the hearing, informed the court that Dogan had been aware his wife had been “sedated” and he communicated to men by phone: “I want someone to assault my wife after I’ve rendered her unconscious without her consent.”

The proceedings became a central issue for a broader debate on rape culture in society as Dogan continued to assert he was not guilty and had not engaged in violation, arguing that because the victim's husband had welcomed him into the room, his actions had been acceptable.

The panel in the Nîmes appeals court was displayed visual proof of Gisèle Pelicot’s unresponsive form, unconscious and breathing heavily in a deep sleep, while a grinning Dogan engaged in violation on several occasions over a duration of what investigators stated was three and a half hours. The presiding judge said she had been at danger of death by choking. The prosecution said there was no doubt that she had been unaware and had not agreed.

Dogan's Claims

Dogan told 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 stated the court: “I did not commit rape.” He said the victim's husband had invited him to the home, and therefore it was acceptable. He said he was influenced by the husband. “I wanted to stop,” Dogan informed the court. “I proceeded because he reassured me.”

Asked if he wanted to make a final statement to the court, Dogan said: “I never wanted to harm that lady.”

Survivor's Statement

The victim, who was applauded upon exiting the courtroom each day by onlookers gathered to support her, told the defendant in court: “You do not grasp. When are you going to recognise you assaulted me? It is illegal to assault an unaware woman. At what point did I give you agreement? Not once.”

Gisèle Pelicot, seventy-two, became an symbol of resistance after she waived her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”

Legal Commentary

The prosecutor, turning to Gisèle Pelicot in court, said Dogan’s refusal to take responsibility showed that: “Guilt has not shifted. The public is possibly in the process of that, possibly driven by the collective awareness spurred by the revelation of your situation.”

The prosecutor said the defendant's claims of blamelessness showed how rape culture was still prevalent in society as part of “old-fashioned” forms of “gender-based power”. He said: “It is imperative to change rape culture to a culture of consent.”

Sie told Dogan: “For as much as you refuse to admit it, it’s not just a person, it’s an entire unpleasant societal structure that you are endorsing.”

Defendant's Background

Dogan was born in Turkey and at the age of 5 relocated to France, where his parent worked as a concierge. The court heard that his parent was violent and that Dogan began smoking cannabis at the age of 10. When he was seventeen he was caught by police for selling narcotics and his father evicted him the family house. He served time in prison for drug dealing in his early 20s and had worked as a laborer but had experienced periods of homelessness.

He was wed and had a child with Down’s syndrome, who he was the primary guardian for, as his spouse worked in a school canteen. The testimony revealed his wife did not know he had frequent intimate relations beyond their marriage. His legal team said this was his method of dealing with his stressful life. The defendant had informed a mental health expert that each year he engaged in transactional encounters on his special day. His attorneys stated to the court he had a medical condition resulting from the anxiety of the first trial.