France's Higher Tribunal Uphighers Sentence for Gisele Pelicot Perpetrator

An individual was convicted on higher court review of raping Gisele Pelicot after she was rendered comatose by her husband – and received his incarceration period extended to a decade.

Appeal Trial

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

A jury of four women and five men, accompanied by three judges, found Dogan guilty on Thursday of sexually assaulting Pelicot in her residence in the south of France in the early hours of 29 June 2019.

The court heard that the accused, a married father, connected with Gisèle Pelicot’s spouse, the husband, in an digital platform named “without her knowledge”, where the husband was recruiting men to come to his home to rape his wife after he had drugged her into a unconscious state.

We expect the jury will declare that in this country, fundamental rights are also women’s rights – that agreement is personal, not transferred,” said the victim's attorney, her legal representative. “Agreement is received personally and not by proxy from a husband.”

Background

Dominique Pelicot, one of the worst sexual predators in recent French history, was given a prison term to 20 years in prison last year for sedating his spouse and bringing in dozens of men to sexually assault her in her home in the community of the village of Mazan over a span of nearly ten years of their union.

Numerous other individuals were found guilty in a high-profile trial last year, and Dogan was the sole individual to challenge his verdict. He was originally sentenced to nine years in prison, a penalty enhanced on Thursday to 10 years.

The chief prosecutor, Dominique Sie, had argued he should serve twelve years, because he “completely denies to take any blame”.

Courtroom Details

Dogan had initially sent Dominique Pelicot graphic images and then traveled an hour from his town in Provence to assault the victim, after informing his wife he was leaving, the testimony revealed.

The ex-husband, who was brought from solitary confinement in prison to briefly testify at the appeal trial, informed the court that the accused had understood his wife had been “drugged” and he communicated to men by phone: “I’m looking for someone to assault my wife after I’ve rendered her unconscious without her consent.”

The courtroom became a key topic for a larger conversation on rape culture in society as the defendant continued to claim he was blameless and had not committed rape, arguing that because the victim's husband had welcomed him into the room, his conduct had been justifiable.

The panel in the higher court was shown video evidence of Gisèle Pelicot’s unresponsive form, sedated and breathing heavily in a comatose state, while a smiling Dogan engaged in violation repeatedly over a period of what investigators stated was 3.5 hours. The court official said she had been at risk of fatal outcome by choking. The state prosecution said there was absolute certainty that she had been incapacitated and had not consented.

Defendant's Statements

Dogan told the court the recordings were simply “sex scenes” and denied it was violation. He said what he did was “a sexual act”, not assault. He declared the court: “I never raped.” He said Gisèle Pelicot’s husband had brought him to the residence, and therefore it was acceptable. He said he was influenced by Dominique Pelicot. “I wanted to stop,” the accused informed the court. “I proceeded because he persuaded me.”

Inquired if he wanted to make a closing remarks to the court, the defendant said: “I had no desire to harm that lady.”

Survivor's Statement

The victim, who was supported upon exiting the courtroom each day by onlookers present to support her, told Dogan in court: “You fail to comprehend. When are you going to recognise you violated me? It’s a crime to rape an unaware woman. How could I have give you consent? Never.”

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

Prosecutor's Remarks

The prosecutor, speaking to Gisèle Pelicot in court, said Dogan’s failure to take accountability showed that: “The shame remains. The public is perhaps in the midst of that, possibly propelled by the collective awareness brought by the exposure of your case.”

Sie said Dogan’s claims of non-guilt showed how societal tolerance was still widespread in society as part of “old-fashioned” forms of “male domination”. He said: “It is imperative to change rape culture to a ethos of permission.”

The prosecutor told the defendant: “For as much as you deny it, it’s not just a woman, it’s an whole disturbing cultural framework that you are upholding.”

Personal History

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 caretaker. The court heard that his parent was abusive and that Dogan began using drugs at the age of 10. When Dogan was seventeen he was apprehended by authorities for drug trafficking and his father forced him to leave the residence. He served time in prison for trafficking in his twenties and had worked as a laborer but had faced periods of homelessness.

He was married and had a son with Down’s syndrome, 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 extramarital activities beyond their marriage. His defence said this was his method of dealing with his difficult circumstances. The defendant had informed a mental health expert that annually he engaged in transactional encounters on his special day. His attorneys stated to the court he had arthritis resulting from the stress of the original case.