French Appeal Court Uphighers Sentence for Gisele Pelicot Rapist

An individual has been found guilty on appeal of sexually assaulting Gisèle Pelicot following she was sedated by her spouse – and was given his jail term extended to ten years.

Higher Court Case

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

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

The testimony revealed that the accused, a married father, connected with the victim's spouse, the husband, in an digital platform called “unbeknownst to her”, where Pelicot was seeking men to visit his house to assault his wife once he had sedated her into a unconscious state.

“We hope the jury will affirm that in this society, human rights are also women’s rights – that consent is individual, not delegated,” said Gisèle Pelicot’s attorney, her legal representative. “Consent is secured personally and not by proxy from a husband.”

Context

Dominique Pelicot, one of the worst sexual predators in recent French history, was sentenced to two decades in prison last year for drugging his spouse and inviting multiple perpetrators to sexually assault her in her home in the town of Mazan over a span of nearly ten years of their marriage.

Dozens of additional defendants were found convicted in a widely publicized trial last year, and Dogan was the only man to appeal against his conviction. He was first given a sentence to nine years in prison, a sentence enhanced on Thursday to 10 years.

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

Testimony and Proof

Dogan had first sent Dominique Pelicot graphic images and then driven an hour from his town in the region to assault the victim, after informing his wife he was stepping out, the testimony revealed.

The ex-husband, who was transported from solitary confinement in prison to temporarily give evidence at the hearing, told the court that Dogan had understood his wife had been “sedated” and he said to men by phone: “I want someone to assault my wife after I’ve sedated her unbeknownst to her.”

The trial became a key topic for a wider discussion on sexual violence norms in society as the defendant continued to assert he was blameless and had not committed rape, contending that because Gisèle Pelicot’s husband had invited him into the room, his behavior had been acceptable.

The panel in the Nîmes appeals court was displayed video evidence of the victim's unconscious figure, sedated and snoring in a unconscious condition, while a grinning Dogan performed assault on several occasions over a timeframe of what investigators stated was 3.5 hours. The judge said she had been at danger of death by asphyxiation. The state prosecution said there was no question that she had been unconscious and had not consented.

Dogan's Claims

The defendant informed the court the recordings were simply “sex scenes” and rejected it was assault. He said what he did was “a sexual act”, not assault. He declared the court: “I did not commit rape.” He said the victim's husband had allowed him to the home, and therefore it was acceptable. He said he was deceived by the husband. “I attempted to cease,” the accused stated to the court. “I carried on because he reassured me.”

Inquired if he wanted to make a closing remarks to the court, the defendant said: “I never wanted to harm that lady.”

Victim's Response

Gisèle Pelicot, who was cheered upon exiting the courtroom each day by onlookers gathered to stand with her, told the defendant in court: “You fail to comprehend. When will you admit you violated me? It is illegal to rape an unaware woman. When did I ever give you consent? Never.”

Gisèle Pelicot, 72, became an international feminist hero after she relinquished her right to anonymity in the trial last year when she said: “Guilt ought to transfer.”

State's Argument

The prosecutor, addressing the victim in court, said the defendant's failure to take responsibility showed that: “Guilt has not shifted. The community is perhaps in the course of that, maybe propelled by the public consciousness brought by the publication of your case.”

The prosecutor said Dogan’s claims of blamelessness showed how rape culture was still prevalent in society as part of “old-fashioned” forms of “male domination”. He said: “It is imperative to change the culture of violence to a ethos of permission.”

Sie told Dogan: “For as much as you deny it, it’s not just a person, it’s an complete sordid societal structure that you are upholding.”

Biographical Details

Dogan was originated from the country of Turkey and at the age of five moved to France, where his parent worked as a caretaker. The court heard that his father was violent and that Dogan began smoking cannabis at the age of 10. When he was 17 he was apprehended by police for drug trafficking and his father kicked him out the family house. He was incarcerated in prison for narcotics offenses in his early 20s and had worked as a builder but had undergone periods of living on the streets.

He was married and had a son with a genetic condition, who he was the main caregiver for, as his spouse worked in a educational cafeteria. The court heard his wife did not know he had frequent intimate relations beyond their marriage. His defence said this was his way of coping with his challenging existence. Dogan had stated to a mental health expert that once a year he sought paid sex on his special day. His lawyers told the court he had a medical condition triggered by the pressure of the initial proceedings.