French Higher Court Uphighers Sentence for Gisèle Pelicot Rapist

A man was declared guilty on higher court review of sexually assaulting Gisèle Pelicot following she was rendered comatose by her spouse – and was given his incarceration period increased to a decade.

Retrial Proceedings

Dogan, forty-four, an out-of-work construction worker, who had appealed his first conviction last year, underwent a retrial this week at the higher court in Nîmes.

A panel of five men and four women, joined by three judges, ruled against Dogan on Thursday of sexually assaulting Pelicot in her home in southern France in the morning of 29 June 2019.

The testimony revealed that Dogan, a married father, made contact with Gisèle Pelicot’s husband at the time, Dominique Pelicot, in an digital platform titled “without her knowledge”, where Pelicot was looking for men to visit his house to rape his wife once he had drugged her into a unconscious state.

We expect the court will declare that in this nation, fundamental rights are also women’s rights – that agreement is individual, not delegated,” stated Gisèle Pelicot’s attorney, her legal representative. “Permission is obtained directly and not through someone else from a spouse.”

Case History

The husband, among the most severe sex offenders in recent French history, was handed a sentence to 20 years in prison last year for drugging his then wife and soliciting multiple perpetrators to sexually assault her in her home in the community of the village of Mazan over a duration of many years of their marriage.

Dozens of additional defendants were found culpable in a notable trial last year, and Dogan was the single defendant to appeal against his sentence. He was originally handed a term to nine years in prison, a penalty enhanced on Thursday to 10 years.

The chief prosecutor, Dominique Sie, had stated he should serve twelve years, because he “absolutely refuses to take any accountability”.

Testimony and Proof

Dogan had first sent Dominique Pelicot graphic images and then traveled an hour from his village in the region to assault the victim, after telling his wife he was stepping out, the evidence indicated.

Pelicot, who was brought from solitary confinement in prison to temporarily give evidence at the retrial, stated to the court that the accused had known his wife had been “sedated” and he communicated to men by phone: “I want someone to abuse my wife after I’ve sedated her unbeknownst to her.”

The trial became a key topic for a broader debate on societal attitudes in society as Dogan continued to say he was blameless and had not perpetrated assault, stating that because the victim's husband had invited him into the bedroom, his actions had been permissible.

The panel in the Nîmes appeals court was shown recorded footage of the victim's unresponsive form, comatose and breathing heavily in a unconscious condition, while a grinning Dogan committed rape repeatedly over a timeframe of what investigators stated was three and a half hours. The court official said she had been at risk of fatal outcome by asphyxiation. The state's case said there was no doubt that she had been unconscious and had not given permission.

Dogan's Claims

The defendant told the court the recordings were simply “sexual encounters” and disputed it was assault. He said what he did was “a sexual act”, not rape. He told the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had brought him to the residence, and therefore it was permissible. He said he was influenced by the husband. “I wanted to stop,” the accused told the court. “I proceeded because he persuaded me.”

Questioned if he wanted to make a closing remarks to the court, the defendant said: “I did not intend to harm that lady.”

Victim's Response

Gisèle Pelicot, who was supported upon exiting the courtroom each day by supporters gathered to back her, told the defendant in court: “You haven’t understood. When are you going to recognise you assaulted me? It is illegal to rape an unconscious woman. How could I have give you agreement? Never.”

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

Prosecutor's Remarks

Sie, addressing Gisèle Pelicot in court, said Dogan’s failure to take blame showed that: “Shame has not yet changed sides. Society is maybe in the midst of that, possibly driven by the collective awareness spurred by the revelation of your ordeal.”

Sie said the defendant's claims of non-guilt showed how rape culture was still widespread in society as part of “outdated” forms of “male domination”. He said: “Now we must change rape culture to a ethos of permission.”

The prosecutor told Dogan: “While you refuse to admit it, it’s not just a woman, it’s an complete sordid societal structure that you are endorsing.”

Personal History

The accused was originated from the country of Turkey and at the age of five moved to the nation of France, where his father worked as a caretaker. The court heard that his father was abusive and that the defendant began consuming marijuana aged 10. When Dogan was seventeen he was caught by police for drug trafficking and his parent forced him to leave the family house. He spent time in prison for drug dealing in his early 20s and had worked as a construction worker but had experienced periods of homelessness.

He was wed and had a son with special needs, who he was the main caregiver for, as his wife worked in a school canteen. The court heard his spouse did not know he had regular sexual encounters outside their marriage. His legal team said this was his method of dealing with his difficult circumstances. Dogan had informed a court psychologist that annually he engaged in commercial sex on his special day. His legal representatives stated to the court he had arthritis caused by the anxiety of the original case.