French Appeal Court Increases Sentence for Gisèle Pelicot Perpetrator

An individual was convicted on higher court review of sexually assaulting Gisele Pelicot following she was drugged unconscious by her spouse – and received his jail term increased to 10 years.

Retrial Proceedings

Dogan, forty-four, an out-of-work construction worker, who had challenged his first conviction last year, faced a new trial this week at the Nîmes court of appeal.

A panel of four women and five men, sitting with three judges, convicted Dogan on Thursday of raping Pelicot in her home in the south of France in the morning of June 29, 2019.

The testimony revealed that the accused, a family man, connected with Gisèle Pelicot’s husband at the time, the husband, in an internet forum titled “unbeknownst to her”, where the husband was recruiting men to visit his house to rape his wife once he had sedated her into a deep sleep.

“We hope the panel will say loud and clear that in this country, human rights are also women’s rights – that permission is personal, not given by another,” declared Gisèle Pelicot’s attorney, her legal representative. “Permission is received personally and not by proxy from a spouse.”

Case History

The husband, among the most severe sex offenders in modern French history, was handed a sentence to twenty years in prison last year for sedating his spouse and bringing in numerous individuals to rape her in her home in the town of the village of Mazan over a duration of nearly ten years of their marriage.

Dozens of additional defendants were found culpable in a notable trial last year, and Dogan was the sole individual to challenge his verdict. He was originally given a sentence to 9 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 “absolutely refuses to take any blame”.

Evidence Presented

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

Pelicot, who was brought from segregation in prison to briefly give evidence at the appeal trial, stated to the court that Dogan had been aware his wife had been “drugged” and he said to men by phone: “I’m looking for someone to violate my wife after I’ve rendered her unconscious without her consent.”

The courtroom became a central issue for a larger conversation on sexual violence norms in society as Dogan continued to assert he was innocent and had not perpetrated assault, arguing that because the victim's husband had allowed him into the room, his behavior had been acceptable.

The panel in the Nîmes appeals court was shown video evidence of Gisèle Pelicot’s limp body, sedated and snoring in a unconscious condition, while a smiling the perpetrator committed rape multiple times over a period of what authorities reported was several hours. The presiding judge said she had been at risk of death by suffocation. The state prosecution said there was no question that she had been incapacitated and had not agreed.

Accused's Testimony

Dogan told the court the footage were simply “sexual encounters” and disputed it was assault. He said what he did was “a consensual activity”, not assault. He declared the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had invited him to the residence, and therefore it was permissible. He said he was influenced by Dominique Pelicot. “I tried to halt,” Dogan stated to the court. “I carried on because he persuaded me.”

Asked if he wanted to make a closing remarks to the court, the defendant said: “I had no desire to harm that lady.”

Survivor's Statement

The survivor, who was supported upon departing the trial each day by crowds assembled to back her, said to the defendant in court: “You fail to comprehend. When will you acknowledge you assaulted me? It’s a crime to assault an incapacitated woman. At what point did I give you agreement? Not once.”

The victim, 72, became an symbol of resistance after she relinquished her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”

Legal Commentary

The prosecutor, speaking to the victim in court, said the defendant's refusal to take blame showed that: “Shame has not yet changed sides. Society is maybe in the midst of that, possibly motivated by the collective awareness brought by the exposure of your ordeal.”

Sie said Dogan’s claims of blamelessness showed how normalized violence was still widespread in society as part of “outdated” forms of “patriarchal control”. He said: “It is imperative to change rape culture to a ethos of permission.”

Sie told Dogan: “For as much as you refuse to admit it, it’s not just a person, it’s an whole disturbing social system that you are upholding.”

Defendant's Background

Dogan was originated from the country of Turkey and at the age of 5 relocated to the nation of France, where his parent worked as a concierge. The evidence indicated that his parent was abusive and that Dogan began consuming marijuana aged ten. When he was seventeen he was stopped by police for selling narcotics and his father forced him to leave the residence. He was incarcerated in prison for narcotics offenses in his twenties and had worked as a builder but had experienced periods of living on the streets.

He was married and had a child with special needs, who he was the main caregiver for, as his wife worked in a institution's dining hall. The testimony revealed his wife did not know he had frequent extramarital activities beyond their marriage. His legal team said this was his way of coping with his challenging existence. Dogan had informed a court psychologist that each year he sought transactional encounters on his birthday. His lawyers stated to the court he had joint inflammation caused by the anxiety of the original case.