French Appeal Court Increases Sentence for Gisele Pelicot Perpetrator

A defendant was convicted on higher court review of sexually assaulting Gisele Pelicot after she was rendered comatose by her then-husband – and was given his jail term increased to 10 years.

Higher Court Case

The defendant, forty-four, an unemployed builder, who had challenged his first conviction last year, experienced a new trial this week at the Nîmes court of appeal.

A jury of nine jurors, sitting with three judges, convicted Dogan on Thursday of sexually assaulting the victim in her bedroom in southern France in the early hours of June 29, 2019.

The evidence showed that Dogan, a family man, reached out to Gisèle Pelicot’s then husband, Dominique Pelicot, in an internet forum called “without her knowledge”, where Pelicot was seeking men to enter his residence to rape his wife after he had rendered her unconscious into a unconscious state.

We trust the court will say loud and clear that in this nation, fundamental rights are also rights of women – that agreement is personal, not given by another,” said Gisèle Pelicot’s attorney, her legal representative. “Permission is obtained personally and not via a representative from a spouse.”

Background

Dominique Pelicot, one of the worst sex offenders in France's contemporary records, was sentenced to twenty years in prison last year for drugging his wife at the time and bringing in numerous individuals to sexually assault her in her home in the community of Mazan over a span of almost a decade of their union.

Numerous other individuals were found culpable in a high-profile trial last year, and the appellant was the sole individual to contest his verdict. He was first handed a term to nine years in prison, a sentence raised on Thursday to a decade.

The lead state prosecutor, the prosecutor, had argued he should serve 12 years, because he “completely denies to take any accountability”.

Courtroom Details

The defendant had first sent the husband sexually explicit photos and then driven an hour from his residence in Provence to rape the victim, after notifying his wife he was going out, the court heard.

The ex-husband, who was brought from segregation in prison to briefly give evidence at the appeal trial, stated to the court that Dogan had known his wife had been “sedated” and he communicated to men by phone: “I’m looking for someone to violate my wife after I’ve rendered her unconscious unbeknownst to her.”

The courtroom became a focus point for a broader debate on sexual violence norms in society as Dogan continued to claim he was blameless and had not committed rape, arguing that because Gisèle Pelicot’s husband had welcomed him into the residence, his behavior had been justifiable.

The panel in the Nîmes appeals court was displayed visual proof of the victim's unconscious figure, comatose and snoring in a deep sleep, while a smiling the perpetrator performed assault repeatedly over a period of what authorities reported was 3.5 hours. The presiding judge said she had been at danger of death by suffocation. The state prosecution said there was no question that she had been unaware and had not consented.

Dogan's Claims

Dogan stated to the court the recordings were simply “sex scenes” and rejected it was rape. He said what he did was “a sexual act”, not rape. He stated the court: “I never raped.” He said Gisèle Pelicot’s husband had allowed him to the house, and therefore it was OK. He said he was influenced by the husband. “I wanted to stop,” Dogan told the court. “I carried on because he reassured me.”

Inquired if he wanted to make a closing remarks to the court, Dogan said: “I had no desire to injure that woman.”

Victim's Response

Gisèle Pelicot, who was supported upon exiting the courtroom each day by onlookers assembled to back her, addressed the defendant in court: “You fail to comprehend. When are you going to recognise you raped me? It is unlawful to assault an unconscious woman. At what point did I give you consent? Not once.”

Gisèle Pelicot, seventy-two, became an international feminist hero after she gave up her right to anonymity in the trial last year when she said: “The shame should shift.”

Legal Commentary

Sie, speaking to Gisèle Pelicot in court, said Dogan’s failure to take responsibility showed that: “Shame has not yet changed sides. Society is maybe in the process of that, possibly motivated by the societal understanding spurred by the publication of your situation.”

Sie said Dogan’s claims of innocence showed how societal tolerance was still common in society as part of “old-fashioned” forms of “male domination”. He said: “We need to change rape culture to a culture of consent.”

The prosecutor addressed the defendant: “As long as you reject it, it’s not just a person, it’s an complete disturbing cultural framework that you are supporting.”

Personal History

Dogan was originated from Turkey and at the age of 5 relocated to France, where his father worked as a caretaker. The court heard that his father was aggressive and that Dogan began consuming marijuana aged ten. When he was seventeen he was caught by authorities for drug trafficking and his father forced him to leave the residence. He was incarcerated in prison for drug dealing in his twenties and had worked as a laborer but had undergone periods of living on the streets.

He was wed and had a son with Down’s syndrome, who he was the primary guardian for, as his spouse worked in a school canteen. The testimony revealed his wife did not know he had regular extramarital activities outside their union. His legal team said this was his strategy for managing with his difficult circumstances. Dogan had told a evaluator that once a year he engaged in commercial sex on his special day. His attorneys stated to the court he had arthritis caused by the pressure of the original case.