French Appeal Court Increases Sentence for Gisele Pelicot Rapist

An individual was declared guilty on higher court review of raping Gisèle Pelicot following she was drugged unconscious by her husband – and has had his incarceration period increased to 10 years.

Appeal Trial

The defendant, forty-four, an out-of-work construction worker, who had challenged his first conviction last year, experienced a retrial this week at the Nîmes court of appeal.

A jury of nine jurors, sitting with three judges, ruled against Dogan on Thursday of raping Pelicot in her residence in the south of France in the morning of 29 June 2019.

The testimony revealed that the accused, a married father, connected with the victim's husband at the time, the husband, in an internet forum titled “without her consent”, where Pelicot was seeking men to enter his residence to rape his wife after he had sedated her into a comatose state.

We expect the jury will affirm that in this nation, fundamental rights are also women’s rights – that permission is personal, not transferred,” said Gisèle Pelicot’s lawyer, her legal representative. “Agreement is secured directly and not by proxy from a husband.”

Context

Dominique Pelicot, among the most severe sex offenders in recent French history, was sentenced to twenty 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 period of nearly ten years of their marriage.

Dozens of additional defendants were found convicted in a widely publicized trial last year, and Dogan was the single defendant to challenge his sentence. He was originally sentenced to nine years in prison, a punishment increased on Thursday to a decade.

The state's attorney, Dominique Sie, had contended he should serve twelve years, because he “absolutely refuses to take any responsibility”.

Testimony and Proof

The defendant had first sent the husband sexually explicit photos and then driven an hour from his village in the region to assault Gisèle Pelicot, after notifying his wife he was going out, the court heard.

The ex-husband, who was brought from solitary confinement in prison to briefly provide testimony at the hearing, stated to the court that the accused had been aware his wife had been “incapacitated” and he communicated to men by phone: “I seek someone to assault my wife after I’ve put her to sleep unbeknownst to her.”

The proceedings became a key topic for a wider discussion on rape culture in society as the defendant continued to claim he was not guilty and had not committed rape, contending that because the victim's husband had invited him into the room, his behavior had been permissible.

The jury in the Nîmes appeals court was displayed visual proof of the victim's limp body, unconscious and snoring in a comatose state, while a grinning Dogan performed assault repeatedly over a period of what authorities reported was 3.5 hours. The presiding judge said she had been at risk of death by suffocation. The prosecution said there was absolute certainty that she had been unconscious and had not agreed.

Defendant's Statements

The defendant informed the court the recordings were simply “intimate moments” and disputed it was rape. He said what he did was “an intimate behavior”, not assault. He stated the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had brought him to the house, and therefore it was permissible. He said he was influenced by the husband. “I tried to halt,” Dogan stated to the court. “I carried on because he persuaded me.”

Inquired if he wanted to make a last words to the court, the defendant said: “I did not intend to harm that lady.”

Survivor's Statement

Gisèle Pelicot, who was applauded upon exiting the courtroom each day by onlookers gathered to stand with her, addressed the defendant in court: “You fail to comprehend. When will you acknowledge you assaulted me? It is unlawful to rape an unconscious woman. How could I have give you consent? Not once.”

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

Legal Commentary

The prosecutor, addressing Gisèle Pelicot in court, said Dogan’s failure to take responsibility showed that: “The shame remains. The community is perhaps in the midst of that, possibly driven by the societal understanding spurred by 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 “old-fashioned” forms of “gender-based power”. He said: “We need to change the culture of violence to a culture of consent.”

Sie addressed the defendant: “For as much as you refuse to admit it, it’s not just a individual, it’s an entire disturbing cultural framework that you are endorsing.”

Personal History

The accused was originated from the country of Turkey and at the age of five moved to France, where his parent worked as a caretaker. The court heard that his father was aggressive and that Dogan began using drugs at the age of 10. When he was seventeen he was caught by police for selling narcotics and his father kicked him out the family house. He spent time in prison for narcotics offenses in his young adulthood and had worked as a builder but had experienced periods of living on the streets.

He was wed and had a son with a genetic condition, who he was the primary guardian for, as his wife worked in a school canteen. The court heard his wife did not know he had repeated intimate relations beyond their union. His legal team said this was his strategy for managing with his difficult circumstances. The defendant had informed a evaluator that annually he sought paid sex on his special day. His attorneys stated to the court he had joint inflammation caused by the pressure of the initial proceedings.