France's Higher Tribunal Uphighers Prison Term for Gisèle Pelicot Perpetrator

A defendant was declared guilty on appeal of sexually assaulting Gisele Pelicot following she was sedated by her husband – and was given his incarceration period increased to a decade.

Higher Court Case

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

A jury of nine jurors, accompanied by three judges, convicted Dogan on Thursday of raping the victim in her bedroom in southern France in the morning of June 29, 2019.

The court heard that Dogan, a married father, reached out to the victim's husband at the time, Dominique Pelicot, in an digital platform called “without her consent”, where Pelicot was recruiting men to enter his residence to rape his wife after he had sedated her into a unconscious state.

We trust the jury will affirm that in this society, human rights are also women’s rights – that agreement is individual, not delegated,” said Gisèle Pelicot’s lawyer, Antoine Camus. “Permission is obtained personally and not via a representative from a spouse.”

Case History

Dominique Pelicot, a notorious sexual predators in modern French history, was handed a sentence to twenty years in prison last year for incapacitating his wife at the time and inviting dozens of men to sexually assault her in her home in the town of Mazan over a span of almost a decade of their marriage.

Fifty other men were found guilty in a high-profile trial last year, and the appellant was the sole individual to contest his sentence. He was first given a sentence to nine years in prison, a sentence increased on Thursday to 10 years.

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

Courtroom Details

Dogan had first sent the husband inappropriate pictures and then traveled an hour from his town in the region to assault the victim, after notifying his wife he was stepping out, the evidence indicated.

The ex-husband, who was transported from segregation in prison to temporarily testify at the hearing, told the court that Dogan had understood his wife had been “drugged” and he told to men by phone: “I want someone to abuse my wife after I’ve put her to sleep without her consent.”

The proceedings became a central issue for a larger conversation on societal attitudes in society as Dogan continued to say he was not guilty and had not perpetrated assault, contending that because Gisèle Pelicot’s husband had invited him into the residence, his actions had been acceptable.

The panel in the Nîmes appeals court was shown visual proof of Gisèle Pelicot’s unresponsive form, comatose and breathing heavily in a deep sleep, while a smiling Dogan performed assault multiple times over a duration of what investigators stated was several hours. The presiding judge said she had been at risk of death by choking. The state prosecution said there was no question that she had been unaware and had not given permission.

Defendant's Statements

The defendant told the court the videos were simply “sexual encounters” and disputed it was violation. He said what he did was “a sexual act”, not assault. He told the court: “I never raped.” He said the victim's husband had invited him to the home, and therefore it was acceptable. He said he was manipulated by Dominique Pelicot. “I wanted to stop,” Dogan informed the court. “I proceeded because he persuaded 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 victim, who was supported upon leaving court each day by onlookers gathered to support her, addressed the defendant in court: “You haven’t understood. When will you admit you assaulted me? It’s a crime to rape an unaware woman. When did I ever give you consent? At no time.”

Gisèle Pelicot, seventy-two, became an global icon after she gave up her right to privacy in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

Sie, addressing the victim in court, said Dogan’s unwillingness to take blame showed that: “Guilt has not shifted. The community is maybe in the process of that, maybe propelled by the societal understanding resulting from the exposure of your ordeal.”

Sie said Dogan’s claims of non-guilt showed how rape culture was still widespread in society as part of “outdated” forms of “gender-based power”. He said: “Now we must change the culture of violence to a society based on agreement.”

The prosecutor addressed the defendant: “For as much as you deny it, it’s not just a woman, it’s an whole sordid societal structure that you are supporting.”

Defendant's Background

Dogan was originated from Turkey and at the age of five relocated to France, where his parent worked as a building manager. The evidence indicated that his parent was abusive and that the defendant began smoking cannabis aged ten. When he was 17 he was stopped by authorities for drug trafficking and his father evicted him the family house. He spent time in prison for narcotics offenses in his early 20s and had worked as a construction worker but had undergone periods of homelessness.

He was married and had a child with a genetic condition, who he was the principal carer for, as his spouse worked in a school canteen. The court heard his spouse did not know he had frequent intimate relations beyond their union. His defence said this was his way of coping with his challenging existence. The defendant had told a mental health expert that once a year he sought commercial sex on his birthday. His attorneys stated to the court he had arthritis triggered by the pressure of the original case.