French Higher Tribunal Raises Jail Time for Gisèle Pelicot Rapist

A defendant was convicted on retrial of sexually assaulting Gisèle Pelicot after she was sedated by her then-husband – and has had his jail term extended to ten years.

Higher Court Case

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

A panel of five men and four women, joined by three judges, found Dogan guilty on Thursday of raping the victim in her home in the south of France in the early hours of 29 June 2019.

The court heard that Dogan, a family man, made contact with Gisèle Pelicot’s husband at the time, Dominique Pelicot, in an online chatroom called “without her consent”, where Pelicot was recruiting men to come to his home to assault his wife after he had rendered her unconscious into a comatose state.

“We hope the jury will say loud and clear that in this society, fundamental rights are also women’s rights – that consent is individual, not transferred,” declared Gisèle Pelicot’s attorney, Antoine Camus. “Agreement is secured personally and not by proxy from a spouse.”

Context

The ex-husband, one of the worst sex offenders in France's contemporary records, was handed a sentence to twenty years in prison last year for sedating his wife at the time and soliciting numerous individuals to rape her in her home in the Provence village of Mazan over a period of nearly ten years of their marriage.

Dozens of additional defendants were found culpable in a widely publicized trial last year, and the appellant was the only man to challenge his verdict. He was initially handed a term to 9 years in prison, a sentence increased on Thursday to ten years.

The state's attorney, the prosecutor, had stated he should serve twelve years, because he “completely denies to take any accountability”.

Courtroom Details

The defendant had initially sent the husband inappropriate pictures and then driven an hour from his residence in Provence to rape Gisèle Pelicot, after telling his wife he was going out, the evidence indicated.

Pelicot, who was transported from segregation in prison to briefly provide testimony at the hearing, stated to the court that the accused had been aware his wife had been “sedated” and he communicated to men by phone: “I seek someone to violate my wife after I’ve sedated her without her knowledge.”

The courtroom became a focus point for a larger conversation on rape culture in society as Dogan continued to claim he was blameless and had not perpetrated assault, stating that because Gisèle Pelicot’s husband had allowed him into the residence, his behavior had been permissible.

The jury in the Nîmes appeals court was displayed video evidence of Gisèle Pelicot’s unconscious figure, unconscious and breathing heavily in a unconscious condition, while a smiling Dogan engaged in violation repeatedly over a period of what authorities reported was three and a half hours. The presiding judge said she had been at danger of fatal outcome by asphyxiation. The state's case said there was no doubt that she had been unconscious and had not consented.

Dogan's Claims

Dogan informed the court the footage were simply “sexual encounters” and rejected it was violation. He said what he did was “a consensual activity”, not assault. He declared the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had invited him to the home, and therefore it was acceptable. He said he was influenced 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 last words to the court, the defendant said: “I had no desire to injure that lady.”

Pelicot's Words

The victim, who was applauded upon leaving court each day by supporters present to back her, said to Dogan in court: “You do not grasp. When are you going to recognise you raped me? It is unlawful to assault an incapacitated woman. At what point did I give you agreement? Never.”

The victim, 72, became an global icon after she gave up her right to anonymity in the trial last year when she said: “Shame must change sides.”

Legal Commentary

The prosecutor, addressing the victim in court, said Dogan’s unwillingness to take responsibility showed that: “The shame remains. The community is perhaps in the process of that, possibly motivated by the societal understanding brought by the revelation of your case.”

Sie said Dogan’s claims of blamelessness showed how rape culture was still prevalent in society as part of “archaic” forms of “gender-based power”. He said: “We need to change the culture of violence to a society based on agreement.”

Sie addressed Dogan: “As long as you deny it, it’s not just a woman, it’s an complete unpleasant social system that you are supporting.”

Biographical Details

Dogan was born in Turkey and at the age of 5 came to France, where his parent worked as a caretaker. The evidence indicated that his father was abusive and that the defendant began consuming marijuana at the age of ten. When Dogan was 17 he was apprehended by police for drug trafficking and his father kicked him out the family house. He served time in prison for drug dealing in his young adulthood and had worked as a laborer but had faced periods of living on the streets.

He was wed and had a child with Down’s syndrome, who he was the main caregiver for, as his wife worked in a educational cafeteria. The court heard his spouse did not know he had regular extramarital activities beyond their marriage. His defence said this was his method of dealing with his difficult circumstances. Dogan had informed a mental health expert that once a year he looked for commercial sex on his special day. His lawyers told the court he had a medical condition resulting from the stress of the initial proceedings.