French Higher Court Uphighers Sentence for Gisele Pelicot Rapist

A man has been found guilty on retrial of sexually assaulting Gisèle Pelicot following she was drugged unconscious by her husband – and was given his incarceration period raised to a decade.

Appeal Trial

Dogan, 44, an out-of-work construction worker, who had appealed his initial guilty verdict last year, underwent a new trial this week at the higher court in Nîmes.

A panel of nine jurors, accompanied by three judges, convicted Dogan on Thursday of sexually assaulting the victim in her home in Provence in the early hours of June 29, 2019.

The testimony revealed that Dogan, a married father, made contact with Gisèle Pelicot’s spouse, the husband, in an online chatroom named “without her consent”, where the husband was looking for men to come to his home to assault his wife after he had sedated her into a comatose state.

We trust the panel will declare that in this society, human rights are also women’s rights – that permission is personal, not given by another,” declared Gisèle Pelicot’s attorney, her legal representative. “Permission is secured directly and not by proxy from a husband.”

Case History

The husband, a notorious sexual predators in France's contemporary records, was sentenced to twenty years in prison last year for sedating his spouse and bringing in multiple perpetrators to rape her in her home in the community of Mazan over a span of almost a decade of their union.

Numerous other individuals were found convicted in a high-profile trial last year, and the appellant was the single defendant to appeal against his verdict. He was originally given a sentence to nine years in prison, a punishment raised on Thursday to a decade.

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

Testimony and Proof

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

Pelicot, who was transported from isolation in prison to temporarily provide testimony at the appeal trial, stated to the court that Dogan had known his wife had been “sedated” and he said to men by phone: “I want someone to assault my wife after I’ve sedated her without her consent.”

The trial became a focus point for a broader debate on rape culture in society as the defendant continued to assert he was blameless and had not perpetrated assault, contending that because the victim's husband had welcomed him into the residence, his conduct had been acceptable.

The panel in the higher court was presented with video evidence of Gisèle Pelicot’s limp body, unconscious and snoring in a unconscious condition, while a grinning the perpetrator committed rape repeatedly over a timeframe of what police said was 3.5 hours. The court official said she had been at danger of fatal outcome by suffocation. The state's case said there was absolute certainty that she had been unaware and had not consented.

Dogan's Claims

The defendant stated to the court the videos were simply “sexual encounters” and denied it was assault. He said what he did was “a sexual act”, not rape. He stated the court: “I never raped.” He said Gisèle Pelicot’s husband had invited him to the home, and therefore it was acceptable. He said he was deceived by Dominique Pelicot. “I tried to halt,” Dogan informed the court. “I carried on because he reassured me.”

Asked if he wanted to make a closing remarks to the court, Dogan said: “I did not intend to injure that lady.”

Pelicot's Words

The victim, who was applauded upon leaving court each day by crowds present to support her, said to Dogan in court: “You haven’t understood. When will you admit you raped me? It is unlawful to rape an unaware woman. At what point did I give you agreement? At no time.”

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

Legal Commentary

Sie, turning to the victim in court, said the defendant's refusal to take accountability showed that: “Guilt has not shifted. The community is perhaps in the course of that, possibly driven by the public consciousness spurred by the publication of your ordeal.”

The prosecutor said the defendant's claims of innocence showed how rape culture was still widespread in society as part of “outdated” forms of “male domination”. He said: “We need to change the culture of violence to a ethos of permission.”

Sie said to Dogan: “While you refuse to admit it, it’s not just a woman, it’s an entire unpleasant social system that you are supporting.”

Defendant's Background

The accused was originated from the country of Turkey and at the age of five came to the nation of France, where his father worked as a concierge. The testimony revealed that his parent was violent and that the defendant began consuming marijuana aged 10. When he was 17 he was stopped by police for drug trafficking and his father evicted him the residence. He was incarcerated in prison for trafficking in his young adulthood and had worked as a builder but had faced periods of living on the streets.

He was wed and had a son with special needs, who he was the principal carer for, as his spouse worked in a institution's dining hall. The evidence showed his spouse did not know he had frequent intimate relations beyond their marriage. His defence said this was his strategy for managing with his difficult circumstances. The defendant had informed a mental health expert that once a year he sought commercial sex on his birthday. His attorneys informed the court he had a medical condition resulting from the anxiety of the original case.