French Appeal Court Uphighers Sentence for Gisèle Pelicot Perpetrator

An individual was declared guilty on higher court review of sexually assaulting Gisele Pelicot following she was sedated by her spouse – and was given his prison sentence extended to 10 years.

Appeal Trial

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

A panel of nine jurors, sitting with three judges, ruled against Dogan on Thursday of sexually assaulting the victim in her residence in Provence in the early hours of June 29, 2019.

The testimony revealed that Dogan, a family man, reached out to the victim's then husband, Dominique Pelicot, in an digital platform called “without her consent”, where Pelicot was seeking men to enter his residence to assault his wife once he had drugged her into a comatose state.

“We hope the court will say loud and clear that in this society, fundamental rights are also rights of women – that permission is individual, not transferred,” said Gisèle Pelicot’s lawyer, Antoine Camus. “Agreement is received directly and not through someone else from a husband.”

Background

The ex-husband, a notorious sexual predators in France's contemporary records, was sentenced to 20 years in prison last year for drugging his spouse and soliciting numerous individuals to sexually assault her in her home in the community of the village of Mazan over a duration of nearly ten years of their union.

Dozens of additional defendants were found guilty in a notable trial last year, and Dogan was the sole individual to challenge his verdict. He was originally handed a term to 9 years in prison, a sentence raised on Thursday to 10 years.

The state's attorney, the prosecutor, had argued he should serve 12 years, because he “absolutely refuses to take any responsibility”.

Testimony and Proof

Dogan had initially sent the husband inappropriate pictures and then driven an hour from his residence in the region to assault the victim, after notifying his wife he was stepping out, the court heard.

Pelicot, who was transported from solitary confinement in prison to briefly give evidence at the appeal trial, told the court that Dogan had been aware his wife had been “sedated” and he said to men by phone: “I’m looking for someone to violate my wife after I’ve rendered her unconscious without her consent.”

The trial became a focus point for a larger conversation on rape culture in society as the defendant continued to assert he was blameless and had not committed rape, contending that because Gisèle Pelicot’s husband had invited him into the bedroom, his behavior had been permissible.

The panel in the higher court was presented with visual proof of the victim's unconscious figure, unconscious and breathing heavily in a deep sleep, while a smiling Dogan committed rape multiple times over a period of what investigators stated was several hours. The court official said she had been at risk of fatal outcome by suffocation. The state prosecution said there was no question that she had been unconscious and had not consented.

Dogan's Claims

Dogan stated to the court the footage were simply “intimate moments” and disputed it was assault. 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 brought him to the home, and therefore it was permissible. He said he was deceived by the husband. “I attempted to cease,” Dogan told the court. “I carried on because he reassured me.”

Asked if he wanted to make a final statement to the court, Dogan said: “I did not intend to harm that lady.”

Survivor's Statement

Gisèle Pelicot, who was cheered upon departing the trial each day by crowds assembled to stand with her, told the defendant in court: “You fail to comprehend. When are you going to recognise you raped me? It is unlawful to rape an unconscious woman. At what point did I give you agreement? Not once.”

Gisèle Pelicot, seventy-two, became an symbol of resistance after she waived her right to anonymity in the trial last year when she said: “The shame should shift.”

Legal Commentary

The prosecutor, addressing the victim in court, said Dogan’s failure to take accountability showed that: “The shame remains. Society is perhaps in the process of that, possibly motivated by the public consciousness resulting from the exposure of your case.”

Sie said the defendant's claims of non-guilt showed how rape culture was still widespread in society as part of “archaic” forms of “patriarchal control”. He said: “It is imperative to change the culture of violence to a society based on agreement.”

Sie told the defendant: “While you deny it, it’s not just a person, it’s an complete sordid societal structure that you are supporting.”

Biographical Details

The accused was originated from the country of Turkey and at the age of 5 relocated to France, where his father worked as a concierge. The court heard that his parent was abusive and that Dogan began using drugs at the age of 10. When he was 17 he was apprehended by authorities for dealing drugs and his father evicted him the residence. He served time in prison for drug dealing in his early 20s and had worked as a builder but had experienced periods of homelessness.

He was married and had a son with a genetic condition, who he was the principal carer for, as his spouse worked in a school canteen. The evidence showed his spouse did not know he had repeated extramarital activities beyond their union. His legal team said this was his way of coping with his challenging existence. Dogan had informed a mental health expert that annually he sought paid sex on his birthday. His legal representatives stated to the court he had arthritis resulting from the pressure of the first trial.