French Higher Tribunal Increases Sentence for Gisele Pelicot Rapist

An individual was convicted on appeal of sexually assaulting Gisele Pelicot following she was sedated by her then-husband – and was given his jail term extended to 10 years.

Retrial Proceedings

Dogan, forty-four, an unemployed builder, who had contested his initial guilty verdict last year, faced a appeal hearing this week at the higher court in Nîmes.

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

The testimony revealed that Dogan, a married father, made contact with Gisèle Pelicot’s spouse, the husband, in an internet forum called “without her knowledge”, where Pelicot was recruiting men to come to his home to rape his wife after he had sedated her into a unconscious state.

We trust the jury will affirm that in this country, fundamental rights are also women’s rights – that agreement is personal, not delegated,” stated the victim's attorney, Antoine Camus. “Permission is secured directly and not via a representative from a spouse.”

Case History

The husband, one of the worst sexual predators in modern French history, was sentenced to twenty years in prison last year for incapacitating his then wife and bringing in numerous individuals to sexually assault her in her home in the Provence village of the village of Mazan over a span of almost a decade of their marriage.

Fifty other men were found convicted in a high-profile trial last year, and the appellant was the single defendant to challenge his sentence. He was first handed a term to nine years in prison, a penalty increased on Thursday to ten years.

The state's attorney, the prosecutor, had argued he should serve 12 years, because he “stubbornly rejects to take any responsibility”.

Evidence Presented

Dogan had initially sent the husband sexually explicit photos and then driven an hour from his town in Provence to assault Gisèle Pelicot, after telling his wife he was stepping out, the evidence indicated.

Pelicot, who was transported from isolation in prison to temporarily testify at the hearing, informed the court that the accused had understood his wife had been “drugged” and he told to men by phone: “I want someone to assault my wife after I’ve put her to sleep unbeknownst to her.”

The proceedings became a focus point for a broader debate on rape culture in society as the defendant continued to say he was not guilty and had not committed rape, arguing that because Gisèle Pelicot’s husband had allowed him into the residence, his behavior had been justifiable.

The panel in the Nîmes appeals court was displayed video evidence of the victim's limp body, comatose and breathing heavily in a comatose state, while a grinning the perpetrator performed assault on several occasions over a timeframe of what police said was 3.5 hours. The presiding judge said she had been at risk of death by asphyxiation. The state prosecution said there was absolute certainty that she had been incapacitated and had not given permission.

Defendant's Statements

The defendant told the court the recordings were simply “intimate moments” and denied it was rape. He said what he did was “a consensual activity”, not assault. He told the court: “I am innocent of assault.” He said the victim's husband had allowed him to the home, and therefore it was acceptable. He said he was influenced by Dominique Pelicot. “I attempted to cease,” Dogan told the court. “I carried on because he reassured me.”

Questioned if he wanted to make a final statement to the court, the defendant said: “I did not intend to harm that lady.”

Pelicot's Words

Gisèle Pelicot, who was applauded upon exiting the courtroom each day by onlookers assembled to stand with her, told the defendant in court: “You haven’t understood. When will you acknowledge you raped me? It’s a crime to rape an unaware woman. When did I ever give you consent? Never.”

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

State's Argument

The prosecutor, speaking to the victim in court, said Dogan’s unwillingness to take accountability showed that: “Guilt has not shifted. The public is possibly in the course of that, possibly motivated by the collective awareness spurred by the exposure of your situation.”

Sie said the defendant's claims of innocence showed how rape culture was still widespread in society as part of “old-fashioned” forms of “male domination”. He said: “We need to change the culture of violence to a culture of consent.”

The prosecutor told Dogan: “For as much as you refuse to admit it, it’s not just a individual, it’s an complete unpleasant social system that you are upholding.”

Defendant's Background

The accused was born in the country of Turkey and at the age of 5 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 consuming marijuana at the age of ten. When he was seventeen he was apprehended by authorities for dealing drugs and his parent kicked him out of home. He spent time in prison for narcotics offenses in his twenties and had worked as a laborer but had experienced periods of homelessness.

He was married and had a son with a genetic condition, who he was the primary guardian for, as his wife worked in a institution's dining hall. The testimony revealed his wife did not know he had frequent sexual encounters beyond their union. His legal team said this was his method of dealing with his stressful life. The defendant had stated to a court psychologist that once a year he sought commercial sex on his special day. His legal representatives stated to the court he had a medical condition resulting from the pressure of the original case.