France's Appeal Court Raises Sentence for Gisèle Pelicot Perpetrator

A defendant was declared guilty on higher court review of sexually assaulting Gisèle Pelicot after she was rendered comatose by her husband – and has had his jail term increased to a decade.

Retrial Proceedings

The defendant, 44, an unemployed builder, who had contested his initial guilty verdict last year, faced a appeal hearing this week at the Nîmes court of appeal.

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

The court heard that the accused, a married father, made contact with the victim's spouse, the husband, in an online chatroom named “without her knowledge”, where the husband was seeking men to enter his residence to rape his wife once he had sedated her into a unconscious state.

“We hope the panel will affirm that in this society, human rights are also rights of women – that permission is personal, not delegated,” declared Gisèle Pelicot’s attorney, Antoine Camus. “Consent is received personally and not by proxy from a spouse.”

Background

Dominique Pelicot, among the most severe sexual predators in recent French history, was sentenced to two decades in prison last year for drugging his spouse and bringing in multiple perpetrators to sexually assault her in her home in the Provence village of the village of Mazan over a duration of almost a decade of their union.

Dozens of additional defendants were found guilty in a notable trial last year, and the appellant was the only man to contest his conviction. He was originally given a sentence to 9 years in prison, a punishment enhanced on Thursday to a decade.

The lead state prosecutor, the prosecutor, had contended he should serve 12 years, because he “completely denies to take any responsibility”.

Testimony and Proof

The defendant had initially sent Dominique Pelicot inappropriate pictures and then driven an hour from his residence in Provence to rape Gisèle Pelicot, after informing his wife he was going out, the testimony revealed.

The ex-husband, who was brought from isolation in prison to temporarily testify at the retrial, informed the court that Dogan had been aware his wife had been “sedated” and he told to men by phone: “I seek someone to assault my wife after I’ve sedated her without her consent.”

The trial became a key topic for a larger conversation on sexual violence norms in society as Dogan continued to say he was blameless and had not perpetrated assault, contending that because the victim's husband had invited him into the room, his behavior had been justifiable.

The jury in the Nîmes appeals court was shown recorded footage of Gisèle Pelicot’s unresponsive form, sedated and snoring in a unconscious condition, while a grinning Dogan engaged in violation repeatedly over a timeframe of what police said was three and a half hours. The court official said she had been at risk of death by choking. The state prosecution said there was absolute certainty that she had been incapacitated and had not given permission.

Dogan's Claims

The defendant stated to the court the recordings were simply “sexual encounters” and disputed it was assault. He said what he did was “a consensual activity”, not assault. He stated the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had brought him to the residence, and therefore it was permissible. He said he was manipulated by Dominique Pelicot. “I attempted to cease,” Dogan stated to the court. “I carried on because he reassured me.”

Inquired if he wanted to make a closing remarks to the court, Dogan said: “I had no desire to harm that woman.”

Victim's Response

The victim, who was cheered upon leaving court each day by supporters assembled to support her, said to Dogan in court: “You do not grasp. When are you going to recognise you raped me? It’s a crime to rape an unaware woman. How could I have give you consent? Never.”

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

Prosecutor's Remarks

Sie, speaking to Gisèle Pelicot in court, said Dogan’s unwillingness to take blame showed that: “The shame remains. The public is possibly in the course of that, possibly propelled by the societal understanding resulting from the exposure of your case.”

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

The prosecutor said to the defendant: “For as much as you deny it, it’s not just a individual, it’s an complete unpleasant cultural framework that you are supporting.”

Biographical Details

Dogan was born in the country of Turkey and at the age of five moved to France, where his father worked as a concierge. The evidence indicated that his parent was aggressive and that the defendant began using drugs at the age of 10. When he was 17 he was caught by police for dealing drugs and his parent forced him to leave the residence. He spent time in prison for drug dealing in his young adulthood and had worked as a laborer but had faced periods of homelessness.

He was wed and had a child with special needs, who he was the main caregiver for, as his spouse worked in a educational cafeteria. The court heard his spouse did not know he had frequent intimate relations outside their marriage. His defence said this was his way of coping with his challenging existence. Dogan had told a court psychologist that once a year he sought paid sex on his birthday. His lawyers informed the court he had arthritis caused by the pressure of the initial proceedings.