French Higher Tribunal Raises Prison Term for Gisele Pelicot Assailant

A man has been found guilty on appeal of sexually assaulting Gisèle Pelicot following she was sedated by her then-husband – and was given his jail term raised to 10 years.

Appeal Trial

The defendant, 44, an out-of-work construction worker, who had contested his initial guilty verdict last year, experienced a appeal hearing this week at the Nîmes court of appeal.

A panel of four women and five men, sitting with three judges, found Dogan guilty on Thursday of raping the victim in her home in Provence in the early hours of June 29, 2019.

The evidence showed that the accused, a married father, reached out to the victim's then husband, the husband, in an digital platform titled “unbeknownst to her”, where Pelicot was recruiting men to visit his house to rape his wife once he had drugged her into a comatose state.

We trust the court will declare that in this nation, human rights are also rights of women – that permission is individual, not delegated,” stated the victim's lawyer, Antoine Camus. “Agreement is obtained directly and not by proxy from a spouse.”

Context

The ex-husband, one of the worst sexual predators in France's contemporary records, was given a prison term to 20 years in prison last year for drugging his wife at the time and inviting numerous individuals to rape her in her home in the town of Mazan over a period of many years of their union.

Numerous other individuals were found culpable in a widely publicized trial last year, and the appellant was the only man to challenge his sentence. He was initially handed a term to nine years in prison, a sentence enhanced on Thursday to 10 years.

The chief prosecutor, Dominique Sie, had argued he should serve 12 years, because he “stubbornly rejects to take any responsibility”.

Testimony and Proof

Dogan had first sent Dominique Pelicot sexually explicit photos and then traveled an hour from his residence in the region to assault the victim, after informing his wife he was leaving, the court heard.

The ex-husband, who was brought from segregation in prison to briefly give evidence at the hearing, told the court that Dogan had been aware his wife had been “drugged” and he told to men by phone: “I want someone to abuse my wife after I’ve rendered her unconscious without her consent.”

The trial became a key topic for a larger conversation on rape culture in society as Dogan continued to claim he was innocent and had not committed rape, arguing that because Gisèle Pelicot’s husband had allowed him into the bedroom, his behavior had been justifiable.

The jury in the higher court was shown recorded footage of Gisèle Pelicot’s unresponsive form, unconscious and breathing heavily in a comatose state, while a grinning Dogan committed rape multiple times over a timeframe of what police said was 3.5 hours. The presiding judge said she had been at peril of fatal outcome by asphyxiation. The state's case said there was no question that she had been unconscious and had not consented.

Defendant's Statements

Dogan told the court the footage were simply “sex scenes” and denied it was rape. He said what he did was “a sexual act”, not assault. He told the court: “I did not commit rape.” He said the victim's husband had invited him to the residence, and therefore it was acceptable. He said he was manipulated by Dominique Pelicot. “I tried to halt,” Dogan stated to the court. “I proceeded because he reassured me.”

Asked if he wanted to make a last words to the court, Dogan said: “I had no desire to injure that individual.”

Survivor's Statement

The survivor, who was cheered upon departing the trial each day by onlookers gathered to support her, told the defendant in court: “You fail to comprehend. When will you acknowledge you raped me? It is illegal to assault an unconscious woman. When did I ever give you agreement? Never.”

The victim, seventy-two, became an symbol of resistance after she relinquished her right to privacy in the trial last year when she said: “The shame should shift.”

State's Argument

Sie, addressing Gisèle Pelicot in court, said the defendant's refusal to take accountability showed that: “The shame remains. Society is maybe in the midst of that, maybe motivated by the public consciousness brought by the revelation of your situation.”

The prosecutor said the defendant's claims of blamelessness showed how rape culture was still widespread in society as part of “outdated” forms of “gender-based power”. He said: “We need to change the culture of violence to a culture of consent.”

Sie told the defendant: “For as much as you deny it, it’s not just a individual, it’s an entire sordid social system that you are endorsing.”

Defendant's Background

The accused was born in the country of Turkey and at the age of five came to the nation of France, where his parent worked as a concierge. The testimony revealed that his father was aggressive and that the defendant began consuming marijuana at the age of 10. When Dogan was seventeen he was apprehended by authorities for dealing drugs and his father evicted him of home. He spent time in prison for trafficking in his early 20s and had worked as a construction worker but had experienced periods of being unhoused.

He was married and had a child with Down’s syndrome, who he was the principal carer for, as his spouse worked in a school canteen. The testimony revealed his spouse did not know he had regular intimate relations beyond their marriage. His defence said this was his strategy for managing with his stressful life. Dogan had told a mental health expert that each year he engaged in commercial sex on his birthday. His lawyers informed the court he had arthritis resulting from the anxiety of the original case.