French Appeal Tribunal Raises Sentence for Gisèle Pelicot Rapist

A man was convicted on retrial of sexually assaulting Gisele Pelicot following she was sedated by her then-husband – and has had his jail term extended to 10 years.

Higher Court Case

Dogan, 44, an unemployed builder, who had contested his first conviction last year, faced a retrial this week at the higher court in Nîmes.

A panel of five men and four women, sitting with three judges, found Dogan guilty on Thursday of raping Pelicot in her bedroom in Provence in the morning of June 29, 2019.

The testimony revealed that Dogan, a married father, made contact with Gisèle Pelicot’s then husband, Dominique Pelicot, in an online chatroom named “without her knowledge”, where Pelicot was recruiting men to come to his home to rape his wife after he had drugged her into a unconscious state.

We expect the court will say loud and clear that in this society, fundamental rights are also women’s rights – that agreement is individual, not given by another,” declared the victim's lawyer, her legal representative. “Consent is secured directly and not through someone else from a husband.”

Background

The ex-husband, one of the worst sex offenders in modern French history, was given a prison term to twenty years in prison last year for sedating his spouse and soliciting numerous individuals to sexually assault her in her home in the town of Mazan over a duration of almost a decade of their marriage.

Fifty other men were found culpable in a notable trial last year, and the appellant was the sole individual to contest his conviction. He was originally given a sentence to nine years in prison, a penalty increased on Thursday to a decade.

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

Evidence Presented

The defendant had initially sent Dominique Pelicot sexually explicit photos and then driven an hour from his village in the region to rape Gisèle Pelicot, after notifying his wife he was stepping out, the court heard.

The ex-husband, who was transported from segregation in prison to temporarily provide testimony at the retrial, told the court that Dogan had understood his wife had been “drugged” and he said to men by phone: “I’m looking for someone to abuse my wife after I’ve rendered her unconscious without her consent.”

The courtroom became a key topic for a wider discussion on societal attitudes in society as the defendant continued to assert he was blameless and had not engaged in violation, stating that because Gisèle Pelicot’s husband had allowed him into the bedroom, his conduct had been justifiable.

The jury in the higher court was displayed video evidence of Gisèle Pelicot’s limp body, comatose and breathing heavily in a deep sleep, while a smiling Dogan engaged in violation repeatedly over a duration of what authorities reported was three and a half hours. The judge said she had been at danger of fatal outcome by suffocation. The prosecution said there was no doubt that she had been incapacitated and had not consented.

Accused's Testimony

Dogan informed the court the footage were simply “intimate moments” and denied it was assault. He said what he did was “a consensual activity”, not rape. He told the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had allowed him to the residence, and therefore it was acceptable. He said he was manipulated by Dominique Pelicot. “I wanted to stop,” the accused stated to the court. “I carried on because he persuaded me.”

Inquired if he wanted to make a last words to the court, Dogan said: “I had no desire to hurt that individual.”

Victim's Response

Gisèle Pelicot, who was applauded upon exiting the courtroom each day by crowds present to support her, addressed Dogan in court: “You haven’t understood. When will you acknowledge you raped me? It is unlawful to rape an unconscious woman. When did I ever give you consent? Not once.”

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

State's Argument

Sie, turning to the victim in court, said Dogan’s unwillingness to take blame showed that: “Shame has not yet changed sides. The community is possibly in the course of that, possibly driven by the collective awareness spurred by the revelation of your situation.”

The prosecutor said Dogan’s claims of non-guilt showed how societal tolerance was still prevalent in society as part of “archaic” forms of “gender-based power”. He said: “It is imperative to change rape culture to a society based on agreement.”

The prosecutor told the defendant: “As long as you refuse to admit it, it’s not just a person, it’s an whole sordid cultural framework that you are endorsing.”

Defendant's Background

Dogan was originated from the country of Turkey and at the age of 5 moved to the nation of France, where his father worked as a caretaker. The court heard that his father was violent and that Dogan began consuming marijuana at the age of 10. When he was seventeen he was caught by authorities for selling narcotics and his father kicked him out of home. He served time in prison for trafficking in his young adulthood and had worked as a builder but had faced periods of homelessness.

He was married and had a son with Down’s syndrome, who he was the main caregiver for, as his spouse worked in a institution's dining hall. The evidence showed his spouse did not know he had repeated intimate relations beyond their union. His legal team said this was his method of dealing with his challenging existence. Dogan had informed a mental health expert that each year he sought paid sex on his special day. His legal representatives told the court he had arthritis resulting from the anxiety of the original case.