France's Higher Court Increases Sentence for Gisele Pelicot Assailant

A defendant was declared guilty on appeal of raping Gisèle Pelicot following she was sedated by her then-husband – and was given his prison sentence increased to 10 years.

Retrial Proceedings

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

A panel of four women and five men, sitting with three judges, convicted Dogan on Thursday of raping Pelicot in her bedroom in southern France in the morning of 29 June 2019.

The evidence showed that Dogan, a married father, connected with the victim's husband at the time, Dominique Pelicot, in an internet forum named “without her consent”, where the husband was seeking men to enter his residence to assault his wife once he had drugged her into a deep sleep.

We trust the panel will say loud and clear that in this country, fundamental rights are also women’s rights – that agreement is personal, not delegated,” said the victim's attorney, her legal representative. “Consent is received personally and not by proxy from a spouse.”

Context

The ex-husband, one of the worst sexual predators in modern French history, was handed a sentence to two decades in prison last year for incapacitating his wife at the time and inviting dozens of men to sexually assault her in her home in the town of Mazan over a period of many years of their union.

Numerous other individuals were found convicted in a widely publicized trial last year, and Dogan was the sole individual to appeal against his sentence. He was initially given a sentence to 9 years in prison, a penalty enhanced on Thursday to 10 years.

The chief prosecutor, Dominique Sie, had contended he should serve 12 years, because he “completely denies to take any accountability”.

Courtroom Details

Dogan had first sent the husband inappropriate pictures and then driven an hour from his village in the region to assault Gisèle Pelicot, after notifying his wife he was going out, the evidence indicated.

Pelicot, who was brought from segregation in prison to temporarily testify at the retrial, told the court that the accused had known his wife had been “incapacitated” and he communicated to men by phone: “I’m looking for someone to assault my wife after I’ve put her to sleep without her knowledge.”

The proceedings became a key topic for a larger conversation on societal attitudes in society as Dogan continued to say he was not guilty and had not perpetrated assault, stating that because Gisèle Pelicot’s husband had welcomed him into the residence, his conduct had been justifiable.

The jury in the Nîmes appeals court was shown recorded footage of Gisèle Pelicot’s unconscious figure, unconscious and breathing heavily in a comatose state, while a smiling the perpetrator committed rape on several occasions over a timeframe of what police said was 3.5 hours. The presiding judge said she had been at peril of death by suffocation. The prosecution said there was absolute certainty that she had been unaware and had not consented.

Accused's Testimony

The defendant told the court the videos were simply “sexual encounters” and disputed it was rape. He said what he did was “a sexual act”, not rape. He stated the court: “I never raped.” He said the victim's husband had allowed him to the house, and therefore it was acceptable. He said he was deceived by Dominique Pelicot. “I tried to halt,” Dogan stated to the court. “I continued because he convinced me.”

Inquired if he wanted to make a closing remarks to the court, the defendant said: “I did not intend to hurt that individual.”

Pelicot's Words

Gisèle Pelicot, who was cheered upon exiting the courtroom each day by onlookers assembled to support her, addressed the defendant in court: “You do not grasp. When are you going to recognise you raped me? It’s a crime to rape an unconscious woman. At what point did I give you permission? Not once.”

Gisèle Pelicot, 72, became an global icon after she waived her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

Sie, addressing the victim in court, said Dogan’s unwillingness to take accountability showed that: “Guilt has not shifted. The community is maybe in the course of that, possibly propelled by the public consciousness brought by the publication of your ordeal.”

The prosecutor said the defendant's claims of innocence showed how rape culture was still common in society as part of “old-fashioned” forms of “gender-based power”. He said: “Now we must change rape culture to a society based on agreement.”

The prosecutor told the defendant: “While you reject it, it’s not just a person, it’s an complete disturbing social system that you are upholding.”

Personal History

Dogan was born in 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 violent and that the defendant began consuming marijuana aged 10. When he was 17 he was stopped by authorities for selling narcotics and his parent kicked him out the residence. He spent time in prison for narcotics offenses in his twenties and had worked as a builder but had undergone periods of homelessness.

He was wed and had a son with Down’s syndrome, who he was the primary guardian for, as his spouse worked in a institution's dining hall. The testimony revealed his spouse did not know he had repeated extramarital activities beyond their marriage. His defence said this was his method of dealing with his stressful life. Dogan had informed a court psychologist that annually he looked for paid sex on his special day. His lawyers stated to the court he had arthritis triggered by the pressure of the first trial.