France's Appeal Court Increases Sentence for Gisèle Pelicot Rapist

A man was declared guilty on higher court review of sexually assaulting Gisele Pelicot after she was rendered comatose by her husband – and was given his incarceration period raised to ten years.

Retrial Proceedings

Dogan, 44, an unemployed builder, who had appealed his first conviction last year, underwent a new trial this week at the Nîmes court of appeal.

A panel of four women and five men, sitting with three judges, ruled against Dogan on Thursday of sexually assaulting Pelicot in her home in southern France in the early hours of June 29, 2019.

The testimony revealed that Dogan, a married father, reached out to Gisèle Pelicot’s husband at the time, Dominique Pelicot, in an digital platform titled “unbeknownst to her”, where Pelicot was recruiting men to come to his home to rape his wife once he had drugged her into a deep sleep.

We expect the panel will declare that in this nation, fundamental rights are also women’s rights – that consent is personal, not given by another,” said the victim's attorney, Antoine Camus. “Consent is received personally and not by proxy from a spouse.”

Background

Dominique Pelicot, among the most severe sexual predators in France's contemporary records, was handed a sentence to 20 years in prison last year for drugging his wife at the time and bringing in numerous individuals to rape her in her home in the town of the village of Mazan over a span of almost a decade of their union.

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

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

Evidence Presented

The defendant had initially sent the husband graphic images and then driven an hour from his town in Provence to assault Gisèle Pelicot, after informing his wife he was stepping out, the evidence indicated.

The ex-husband, who was brought from solitary confinement in prison to briefly testify at the appeal trial, stated to the court that the accused had been aware his wife had been “incapacitated” and he told to men by phone: “I seek someone to abuse my wife after I’ve rendered her unconscious without her knowledge.”

The trial became a focus point for a wider discussion on sexual violence norms in society as Dogan continued to assert he was blameless and had not perpetrated assault, arguing that because Gisèle Pelicot’s husband had allowed him into the residence, his conduct had been acceptable.

The jury in the Nîmes appeals court was displayed recorded footage of the victim's unresponsive form, sedated and breathing heavily in a unconscious condition, while a smiling the perpetrator committed rape on several occasions over a period of what police said was three and a half hours. The judge said she had been at danger of fatal outcome by choking. The prosecution said there was no doubt that she had been unconscious and had not consented.

Accused's Testimony

The defendant told the court the recordings were simply “sex scenes” and rejected it was rape. He said what he did was “an intimate behavior”, not rape. He told the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had invited him to the house, and therefore it was permissible. He said he was influenced by the husband. “I attempted to cease,” Dogan informed the court. “I continued because he reassured me.”

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

Survivor's Statement

Gisèle Pelicot, who was supported upon departing the trial each day by crowds present to stand with her, addressed Dogan in court: “You do not grasp. When are you going to recognise you assaulted me? It is unlawful to assault an unconscious woman. At what point did I give you agreement? Not once.”

The victim, seventy-two, became an symbol of resistance after she relinquished her right to confidentiality in the trial last year when she said: “Shame must change sides.”

Legal Commentary

The prosecutor, turning to Gisèle Pelicot in court, said the defendant's refusal to take responsibility showed that: “Guilt has not shifted. Society is maybe in the course of that, perhaps driven by the collective awareness resulting from the publication of your ordeal.”

Sie said Dogan’s claims of blamelessness showed how rape culture was still common in society as part of “old-fashioned” forms of “gender-based power”. He said: “It is imperative to change the culture of violence to a ethos of permission.”

The prosecutor told the defendant: “While you reject it, it’s not just a individual, it’s an complete unpleasant cultural framework that you are upholding.”

Biographical Details

Dogan was born in Turkey and at the age of 5 moved to the nation of France, where his father worked as a concierge. The testimony revealed that his parent was violent and that Dogan began using drugs aged ten. When he was 17 he was caught by police for drug trafficking and his parent forced him to leave the residence. He spent time in prison for narcotics offenses in his young adulthood and had worked as a construction worker but had experienced periods of homelessness.

He was married and had a son with special needs, who he was the primary guardian for, as his wife worked in a educational cafeteria. The testimony revealed his spouse did not know he had frequent sexual encounters beyond their union. His legal team said this was his strategy for managing with his stressful life. The defendant had told a mental health expert that once a year he sought transactional encounters on his birthday. His lawyers informed the court he had arthritis resulting from the stress of the initial proceedings.