French Appeal Tribunal Raises Jail Time for Gisele Pelicot Assailant

A defendant has been found guilty on higher court review of raping Gisele Pelicot following she was sedated by her then-husband – and was given his jail term extended to ten years.

Retrial Proceedings

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

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

The court heard that Dogan, a married father, made contact with the victim's then husband, Dominique Pelicot, in an online chatroom titled “without her consent”, where the husband was recruiting men to visit his house to rape his wife after he had rendered her unconscious into a comatose state.

“We hope the jury will declare that in this society, fundamental rights are also women’s rights – that permission is individual, not given by another,” stated the victim's lawyer, her legal representative. “Agreement is received directly and not via a representative from a spouse.”

Context

The ex-husband, one of the worst sex offenders in recent French history, was sentenced to 20 years in prison last year for drugging his wife at the time and soliciting multiple perpetrators 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 marriage.

Numerous other individuals were found culpable in a high-profile trial last year, and the appellant was the single defendant to challenge his conviction. He was first sentenced to nine years in prison, a punishment raised on Thursday to ten 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 traveled an hour from his village in the region to assault the victim, after notifying his wife he was stepping out, the court heard.

Pelicot, who was brought from solitary confinement in prison to briefly testify at the appeal trial, stated to the court that the accused had understood his wife had been “sedated” and he said to men by phone: “I seek someone to violate my wife after I’ve rendered her unconscious unbeknownst to her.”

The proceedings became a key topic for a broader debate on rape culture in society as the defendant continued to claim he was blameless and had not perpetrated assault, arguing that because Gisèle Pelicot’s husband had invited him into the residence, his actions had been permissible.

The panel in the higher court was displayed video evidence of Gisèle Pelicot’s unconscious figure, unconscious and breathing heavily in a comatose state, while a grinning Dogan performed assault on several occasions over a duration of what investigators stated was three and a half hours. The presiding judge said she had been at peril of death by choking. The state's case said there was no doubt that she had been unaware and had not given permission.

Defendant's Statements

The defendant stated to the court the footage were simply “intimate moments” and denied it was assault. He said what he did was “a sexual act”, not rape. He stated the court: “I never raped.” He said Gisèle Pelicot’s husband had invited him to the home, and therefore it was acceptable. He said he was influenced by Dominique Pelicot. “I attempted to cease,” the accused told the court. “I proceeded because he reassured me.”

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

Survivor's Statement

The victim, who was cheered upon leaving court each day by onlookers assembled to back her, addressed the defendant in court: “You haven’t understood. When will you admit you violated me? It is illegal to assault an unaware woman. How could I have give you permission? Never.”

The victim, 72, became an symbol of resistance after she gave up her right to confidentiality in the trial last year when she said: “The shame should shift.”

Legal Commentary

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

Sie said Dogan’s claims of non-guilt showed how societal tolerance was still widespread in society as part of “old-fashioned” forms of “male domination”. He said: “It is imperative to change the culture of violence to a culture of consent.”

The prosecutor said to Dogan: “While you refuse to admit it, it’s not just a individual, it’s an whole unpleasant social system that you are supporting.”

Personal History

The accused was born in Turkey and at the age of five moved to France, where his father worked as a building manager. The testimony revealed that his father was abusive and that Dogan began using drugs aged 10. When he was 17 he was apprehended by authorities for drug trafficking and his father kicked him out of home. He served time in prison for trafficking in his young adulthood and had worked as a construction worker but had undergone periods of living on the streets.

He was married and had a child with special needs, who he was the principal carer for, as his spouse worked in a school canteen. The court heard his wife did not know he had regular sexual encounters beyond their marriage. His legal team said this was his way of coping with his difficult circumstances. Dogan had informed a evaluator that annually he sought commercial sex on his special day. His legal representatives stated to the court he had a medical condition caused by the stress of the original case.