France's Higher Court Raises Prison Term for Gisele Pelicot Rapist

A defendant was declared guilty on appeal of sexually assaulting Gisele Pelicot following she was rendered comatose by her spouse – and received his jail term increased to 10 years.

Appeal Trial

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

A panel of nine jurors, joined by three judges, found Dogan guilty on Thursday of sexually assaulting Pelicot in her home in the south of France in the morning of 29 June 2019.

The testimony revealed that Dogan, a married father, reached out to Gisèle Pelicot’s spouse, the husband, in an digital platform named “without her consent”, where the husband was recruiting men to come to his home to assault his wife after he had rendered her unconscious into a unconscious state.

We trust the panel will say loud and clear that in this nation, human rights are also rights of women – that agreement is individual, not delegated,” stated Gisèle Pelicot’s lawyer, Antoine Camus. “Permission is secured personally and not via a representative from a spouse.”

Background

Dominique Pelicot, among the most severe sexual predators 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 community of Mazan over a period of many years of their marriage.

Dozens of additional defendants were found culpable in a notable trial last year, and Dogan was the single defendant to challenge his conviction. He was originally handed a term to nine years in prison, a punishment enhanced on Thursday to 10 years.

The chief prosecutor, Dominique Sie, had contended he should serve 12 years, because he “absolutely refuses to take any accountability”.

Courtroom Details

Dogan had first sent Dominique Pelicot graphic images and then traveled an hour from his town in the region to assault the victim, after notifying his wife he was stepping out, the court heard.

The ex-husband, who was brought from segregation in prison to briefly give evidence at the retrial, stated to the court that the accused had been aware his wife had been “sedated” and he told to men by phone: “I seek someone to violate my wife after I’ve rendered her unconscious without her knowledge.”

The courtroom became a central issue for a wider discussion on rape culture in society as Dogan continued to claim he was innocent and had not engaged in violation, arguing that because Gisèle Pelicot’s husband had welcomed him into the bedroom, his conduct had been acceptable.

The jury in the Nîmes appeals court was presented with recorded footage of the victim's unconscious figure, sedated and snoring in a deep sleep, while a smiling the perpetrator engaged in violation multiple times over a period of what investigators stated was three and a half hours. The presiding judge said she had been at danger of fatal outcome by asphyxiation. The prosecution said there was no doubt that she had been unconscious and had not agreed.

Accused's Testimony

The defendant stated to the court the footage were simply “intimate moments” and rejected it was violation. He said what he did was “a consensual activity”, not rape. He stated the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had allowed him to the home, and therefore it was OK. He said he was manipulated by Dominique Pelicot. “I tried to halt,” Dogan informed the court. “I proceeded because he convinced me.”

Asked if he wanted to make a final statement to the court, the defendant said: “I had no desire to hurt that woman.”

Victim's Response

The survivor, who was supported upon leaving court each day by supporters assembled to stand with her, told the defendant in court: “You fail to comprehend. When will you acknowledge you assaulted me? It’s a crime to rape an unconscious woman. When did I ever give you permission? Not once.”

Gisèle Pelicot, seventy-two, became an global icon after she waived her right to privacy in the trial last year when she said: “Shame must change sides.”

State's Argument

The prosecutor, turning to the victim in court, said the defendant's failure to take blame showed that: “The shame remains. The community is perhaps in the process of that, perhaps driven by the public consciousness resulting from the revelation of your situation.”

Sie said the defendant's claims of blamelessness showed how societal tolerance was still common in society as part of “outdated” forms of “male domination”. He said: “It is imperative to change the culture of violence to a ethos of permission.”

The prosecutor addressed the defendant: “For as much as you reject it, it’s not just a person, it’s an whole unpleasant social system that you are endorsing.”

Biographical Details

Dogan was born in Turkey and at the age of five came to the nation of France, where his parent worked as a building manager. The evidence indicated that his parent was aggressive and that the defendant began using drugs aged 10. When Dogan was 17 he was caught by police for drug trafficking and his father kicked him out of home. He was incarcerated in prison for drug dealing in his young adulthood and had worked as a construction worker but had experienced periods of homelessness.

He was wed and had a child with Down’s syndrome, 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 intimate relations outside their marriage. His defence said this was his method of dealing with his difficult circumstances. The defendant had stated to a evaluator that annually he looked for transactional encounters on his birthday. His attorneys stated to the court he had a medical condition caused by the stress of the original case.