French Higher Tribunal Raises Sentence for Gisele Pelicot Perpetrator

An individual was declared guilty on appeal of raping Gisèle Pelicot following she was rendered comatose by her husband – and has had his prison sentence increased to 10 years.

Retrial Proceedings

Dogan, 44, an out-of-work construction worker, who had contested his first conviction last year, faced a appeal hearing this week at the higher court in Nîmes.

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

The evidence showed that Dogan, a family man, made contact with the victim's husband at the time, the husband, in an internet forum named “without her knowledge”, where Pelicot was seeking men to visit his house to assault his wife after he had sedated her into a comatose state.

We expect the panel will say loud and clear that in this society, fundamental rights are also rights of women – that consent is personal, not delegated,” stated Gisèle Pelicot’s lawyer, her legal representative. “Agreement is obtained personally and not by proxy from a spouse.”

Context

The husband, a notorious sex offenders in modern French history, was sentenced to 20 years in prison last year for drugging his then wife and inviting multiple perpetrators to sexually assault her in her home in the community of Mazan over a span of many years of their union.

Fifty other men were found culpable in a widely publicized trial last year, and Dogan was the sole individual to appeal against his sentence. He was initially given a sentence to 9 years in prison, a punishment enhanced on Thursday to ten years.

The lead state prosecutor, the prosecutor, had contended he should serve twelve years, because he “stubbornly rejects to take any responsibility”.

Evidence Presented

The defendant had initially sent the husband inappropriate pictures and then traveled an hour from his town in Provence to rape Gisèle Pelicot, after notifying his wife he was leaving, the testimony revealed.

The ex-husband, who was brought from solitary confinement in prison to temporarily provide testimony at the hearing, informed the court that Dogan had understood his wife had been “incapacitated” and he said to men by phone: “I seek someone to assault my wife after I’ve sedated her without her consent.”

The courtroom became a focus point for a wider discussion on sexual violence norms in society as Dogan continued to say he was blameless and had not engaged in violation, contending that because Gisèle Pelicot’s husband had invited him into the room, his behavior had been justifiable.

The jury in the Nîmes appeals court was presented with visual proof of Gisèle Pelicot’s unresponsive form, comatose and snoring in a unconscious condition, while a grinning Dogan performed assault on several occasions over a duration of what investigators stated was several hours. The court official said she had been at danger of death by choking. The state's case said there was no question that she had been incapacitated and had not agreed.

Accused's Testimony

Dogan informed the court the footage were simply “sexual encounters” and disputed it was violation. He said what he did was “a consensual activity”, not assault. He told the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had allowed him to the residence, and therefore it was acceptable. He said he was manipulated by Dominique Pelicot. “I wanted to stop,” the accused informed the court. “I carried on because he persuaded me.”

Asked if he wanted to make a last words to the court, Dogan said: “I never wanted to hurt that lady.”

Pelicot's Words

The victim, who was supported upon leaving court each day by supporters assembled to support her, said to Dogan in court: “You haven’t understood. When are you going to recognise you raped me? It’s a crime to assault an unconscious woman. When did I ever give you consent? Never.”

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

Legal Commentary

The prosecutor, addressing Gisèle Pelicot in court, said Dogan’s unwillingness to take blame showed that: “The shame remains. The public is perhaps in the process of that, possibly propelled by the societal understanding resulting from the exposure of your ordeal.”

The prosecutor said Dogan’s claims of non-guilt showed how rape culture was still prevalent in society as part of “old-fashioned” forms of “patriarchal control”. He said: “We need to change rape culture to a society based on agreement.”

Sie told Dogan: “While you reject it, it’s not just a individual, it’s an complete disturbing societal structure that you are supporting.”

Personal History

Dogan was originated from the country of Turkey and at the age of five moved to France, where his father worked as a caretaker. The court heard that his parent was aggressive and that Dogan began smoking cannabis aged 10. When he was 17 he was apprehended by authorities for selling narcotics and his father kicked him out of home. He served time in prison for drug dealing in his early 20s and had worked as a builder but had faced periods of living on the streets.

He was married and had a child with Down’s syndrome, who he was the main caregiver for, as his spouse worked in a school canteen. The evidence showed his wife did not know he had regular sexual encounters beyond their marriage. His legal team said this was his strategy for managing with his challenging existence. The defendant had informed a evaluator that annually he engaged in transactional encounters on his special day. His legal representatives informed the court he had a medical condition resulting from the anxiety of the first trial.