France's Appeal Tribunal Uphighers Prison Term for Gisèle Pelicot Rapist

An individual has been found guilty on higher court review of sexually assaulting Gisèle Pelicot following she was drugged unconscious by her husband – and received his prison sentence increased to ten years.

Retrial Proceedings

Dogan, forty-four, an out-of-work construction worker, who had contested his first conviction last year, faced a retrial this week at the appeals court in Nîmes.

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

The evidence showed that Dogan, a married father, connected with Gisèle Pelicot’s husband at the time, Dominique Pelicot, in an online chatroom named “without her consent”, where the husband was recruiting men to visit his house to rape his wife once he had rendered her unconscious into a deep sleep.

“We hope the panel will affirm that in this country, fundamental rights are also women’s rights – that consent is individual, not delegated,” declared Gisèle Pelicot’s lawyer, her legal representative. “Agreement is obtained personally and not via a representative from a husband.”

Context

The husband, one of the worst sex offenders in modern French history, was handed a sentence to twenty years in prison last year for drugging his then wife and soliciting numerous individuals to sexually assault her in her home in the community of Mazan over a period of nearly ten years of their marriage.

Numerous other individuals were found culpable in a widely publicized trial last year, and the appellant was the sole individual to challenge his verdict. He was originally given a sentence to 9 years in prison, a punishment enhanced on Thursday to ten years.

The lead state prosecutor, the prosecutor, had contended he should serve twelve years, because he “stubbornly rejects to take any responsibility”.

Evidence Presented

Dogan had initially sent Dominique Pelicot inappropriate pictures and then traveled an hour from his town in the region to rape the victim, after informing his wife he was leaving, the court heard.

Pelicot, who was transported from segregation in prison to temporarily provide testimony at the hearing, told the court that the accused had known his wife had been “drugged” and he communicated to men by phone: “I want someone to abuse my wife after I’ve rendered her unconscious unbeknownst to her.”

The courtroom became a focus point for a wider discussion on sexual violence norms in society as the defendant continued to say he was innocent and had not perpetrated assault, stating that because the victim's husband had welcomed him into the bedroom, his behavior had been justifiable.

The jury in the higher court was displayed recorded footage of Gisèle Pelicot’s limp body, comatose and snoring in a comatose state, while a smiling Dogan performed assault repeatedly over a timeframe of what police said was several hours. The judge said she had been at risk of death by asphyxiation. The state's case said there was no question that she had been incapacitated and had not given permission.

Defendant's Statements

Dogan informed the court the footage were simply “intimate moments” and rejected it was assault. He said what he did was “an intimate behavior”, not rape. He stated the court: “I never raped.” He said the victim's husband had invited him to the home, and therefore it was acceptable. He said he was influenced by Dominique Pelicot. “I wanted to stop,” Dogan told the court. “I carried on because he convinced me.”

Asked if he wanted to make a closing remarks to the court, the defendant said: “I did not intend to harm that woman.”

Survivor's Statement

The victim, who was cheered upon departing the trial each day by supporters assembled to support her, addressed the defendant in court: “You fail to comprehend. When will you admit you raped me? It is illegal to rape an unaware woman. At what point did I give you consent? Never.”

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

Prosecutor's Remarks

The prosecutor, turning to the victim in court, said the defendant's refusal to take responsibility showed that: “Guilt has not shifted. The community is possibly in the course of that, perhaps motivated by the collective awareness brought by the revelation of your case.”

Sie said the defendant's claims of non-guilt showed how societal tolerance was still common in society as part of “old-fashioned” forms of “gender-based power”. He said: “It is imperative to change rape culture to a ethos of permission.”

The prosecutor said to Dogan: “For as much as you deny it, it’s not just a woman, it’s an entire unpleasant social system that you are upholding.”

Defendant's Background

The accused was originated from Turkey and at the age of five came to the nation of France, where his parent worked as a concierge. The evidence indicated that his parent was abusive and that Dogan began smoking cannabis aged ten. When Dogan was 17 he was stopped by police for selling narcotics and his parent kicked him out of home. He spent time in prison for trafficking in his early 20s and had worked as a builder but had experienced periods of living on the streets.

He was wed and had a child with a genetic condition, who he was the main caregiver for, as his spouse worked in a school canteen. The testimony revealed his wife did not know he had repeated extramarital activities outside their marriage. His legal team said this was his strategy for managing with his difficult circumstances. Dogan had told a evaluator that each year he looked for commercial sex on his special day. His lawyers informed the court he had arthritis resulting from the pressure of the original case.