French Appeal Tribunal Uphighers Sentence for Gisele Pelicot Rapist

An individual has been found guilty on retrial of sexually assaulting Gisele Pelicot after she was drugged unconscious by her then-husband – and has had his prison sentence raised to ten years.

Higher Court Case

The defendant, forty-four, an out-of-work construction worker, who had challenged his initial guilty verdict last year, experienced a new trial this week at the appeals court in Nîmes.

A jury of nine jurors, accompanied by three judges, convicted Dogan on Thursday of raping Pelicot in her residence in southern France in the early hours of 29 June 2019.

The evidence showed that the accused, a married father, connected with Gisèle Pelicot’s spouse, Dominique Pelicot, in an online chatroom called “without her knowledge”, where the husband was seeking men to come to his home to rape his wife after he had sedated her into a deep sleep.

“We hope the panel will say loud and clear that in this country, human rights are also rights of women – that agreement is personal, not given by another,” declared Gisèle Pelicot’s lawyer, her legal representative. “Agreement is secured personally and not through someone else from a husband.”

Case History

The husband, a notorious sexual predators in recent French history, was given a prison term to two decades in prison last year for sedating his wife at the time and inviting multiple perpetrators to rape her in her home in the Provence village of the village of Mazan over a span of almost a decade of their marriage.

Dozens of additional defendants were found culpable in a notable trial last year, and Dogan was the sole individual to contest his conviction. He was first given a sentence to nine years in prison, a penalty enhanced on Thursday to 10 years.

The lead state prosecutor, Dominique Sie, had argued he should serve twelve years, because he “absolutely refuses to take any blame”.

Testimony and Proof

Dogan had first sent the husband graphic images and then driven an hour from his residence in Provence to assault Gisèle Pelicot, after informing his wife he was leaving, the evidence indicated.

The ex-husband, who was transported from segregation in prison to briefly provide testimony at the appeal trial, stated to the court that Dogan had been aware his wife had been “drugged” and he communicated to men by phone: “I seek someone to violate my wife after I’ve rendered her unconscious unbeknownst to her.”

The proceedings became a focus point for a larger conversation on societal attitudes in society as the defendant continued to claim he was blameless and had not committed rape, stating that because the victim's husband had invited him into the room, his behavior had been permissible.

The jury in the higher court was presented with recorded footage of Gisèle Pelicot’s unresponsive form, sedated and breathing heavily in a comatose state, while a grinning the perpetrator committed rape on several occasions over a duration of what authorities reported was 3.5 hours. The court official said she had been at peril of fatal outcome by choking. The state's case said there was no question that she had been unaware and had not consented.

Accused's Testimony

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 rape. He told the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had invited him to the home, and therefore it was OK. He said he was influenced by the husband. “I wanted to stop,” the accused stated to the court. “I proceeded 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 woman.”

Survivor's Statement

Gisèle Pelicot, who was cheered upon departing the trial each day by crowds present to support her, addressed the defendant in court: “You fail to comprehend. When are you going to recognise you raped me? It’s a crime to rape an unaware woman. At what point did I give you consent? Never.”

The victim, seventy-two, became an global icon after she relinquished her right to privacy in the trial last year when she said: “Guilt ought to transfer.”

State's Argument

The prosecutor, speaking to Gisèle Pelicot in court, said the defendant's refusal to take accountability showed that: “Guilt has not shifted. The community is perhaps in the process of that, perhaps driven by the public consciousness spurred by the exposure of your case.”

The prosecutor said the defendant's claims of non-guilt showed how normalized violence was still prevalent in society as part of “archaic” forms of “patriarchal control”. He said: “We need to change rape culture to a society based on agreement.”

The prosecutor addressed the defendant: “As long as you deny it, it’s not just a woman, it’s an entire sordid social system that you are supporting.”

Personal History

Dogan was born in Turkey and at the age of five moved to France, where his father worked as a caretaker. The testimony revealed that his father was aggressive and that the defendant began consuming marijuana aged 10. When Dogan was 17 he was caught by authorities for dealing drugs and his parent forced him to leave of home. He spent time in prison for drug dealing in his twenties and had worked as a construction worker but had undergone periods of homelessness.

He was wed and had a child with a genetic condition, who he was the principal carer for, as his wife worked in a educational cafeteria. The evidence showed his wife did not know he had regular extramarital activities beyond their union. His legal team said this was his strategy for managing with his stressful life. The defendant had stated to a mental health expert that once a year he looked for paid sex on his special day. His lawyers stated to the court he had arthritis resulting from the anxiety of the first trial.