France's Appeal Court Raises Sentence for Gisele Pelicot Assailant

A defendant has been found guilty on higher court review of raping Gisele Pelicot following she was drugged unconscious by her spouse – and was given his incarceration period increased to 10 years.

Retrial Proceedings

The defendant, 44, an out-of-work construction worker, who had contested his first conviction last year, faced a appeal hearing this week at the higher court in Nîmes.

A jury of nine jurors, accompanied by three judges, found Dogan guilty on Thursday of sexually assaulting Pelicot in her residence in southern France in the morning of June 29, 2019.

The court heard that the accused, a family man, connected with Gisèle Pelicot’s then husband, the husband, in an digital platform titled “without her knowledge”, where Pelicot was looking for men to visit his house to assault his wife after he had sedated her into a comatose state.

“We hope the court will affirm that in this country, human rights are also women’s rights – that agreement is individual, not given by another,” declared the victim's attorney, Antoine Camus. “Permission is obtained personally and not via a representative from a spouse.”

Background

Dominique Pelicot, one of the worst sex offenders in recent French history, was sentenced to twenty years in prison last year for drugging his then wife and inviting dozens of men to rape her in her home in the Provence village of Mazan over a period 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 sentence. He was initially given a sentence to 9 years in prison, a penalty increased on Thursday to 10 years.

The state's attorney, the prosecutor, had stated he should serve twelve years, because he “completely denies to take any responsibility”.

Testimony and Proof

The defendant had first sent the husband graphic images and then driven an hour from his town in the region to rape the victim, after notifying his wife he was going out, the evidence indicated.

Pelicot, who was transported from solitary confinement in prison to briefly testify at the appeal trial, informed the court that the accused had known his wife had been “sedated” and he told to men by phone: “I’m looking for someone to violate my wife after I’ve rendered her unconscious without her knowledge.”

The trial became a central issue for a wider discussion on sexual violence norms in society as Dogan continued to assert he was not guilty and had not engaged in violation, stating that because the victim's husband had allowed him into the room, his behavior had been permissible.

The jury in the Nîmes appeals court was displayed visual proof of the victim's unconscious figure, comatose and snoring in a comatose state, while a grinning the perpetrator performed assault on several occasions over a duration of what investigators stated was three and a half hours. The court official said she had been at danger of fatal outcome by asphyxiation. The prosecution said there was absolute certainty that she had been unconscious and had not agreed.

Dogan's Claims

The defendant informed the court the recordings were simply “sex scenes” and disputed it was rape. He said what he did was “a sexual act”, 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 acceptable. He said he was manipulated by Dominique Pelicot. “I wanted to stop,” Dogan informed the court. “I continued because he reassured me.”

Inquired if he wanted to make a last words to the court, Dogan said: “I never wanted to injure that woman.”

Victim's Response

The survivor, who was applauded upon departing the trial each day by crowds assembled to stand with her, said to the defendant in court: “You fail to comprehend. When will you acknowledge you assaulted me? It is illegal to assault an incapacitated woman. At what point did I give you permission? At no time.”

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

Prosecutor's Remarks

The prosecutor, turning to the victim in court, said the defendant's unwillingness to take accountability showed that: “Guilt has not shifted. Society is maybe in the course of that, possibly motivated by the public consciousness brought by the exposure of your ordeal.”

The prosecutor said Dogan’s claims of innocence showed how rape culture was still common in society as part of “outdated” forms of “male domination”. He said: “We need to change rape culture to a culture of consent.”

The prosecutor told the defendant: “While you deny it, it’s not just a person, it’s an whole unpleasant societal structure that you are supporting.”

Personal History

Dogan was originated from Turkey and at the age of 5 moved to France, where his parent worked as a concierge. The evidence indicated that his parent was abusive and that the defendant began consuming marijuana aged 10. When Dogan was seventeen he was apprehended by authorities for selling narcotics and his father forced him to leave the family house. He served time in prison for drug dealing in his young adulthood and had worked as a builder but had undergone periods of being unhoused.

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 court heard his wife did not know he had regular sexual encounters outside their marriage. His legal team said this was his way of coping with his challenging existence. Dogan had told a court psychologist that annually he sought paid sex on his special day. His attorneys told the court he had a medical condition caused by the pressure of the first trial.