France's Higher Court Uphighers Jail Time for Gisèle Pelicot Perpetrator

An individual was convicted on appeal of sexually assaulting Gisèle Pelicot following she was rendered comatose by her then-husband – and received his jail term increased to a decade.

Higher Court Case

The defendant, 44, an out-of-work construction worker, who had appealed his initial guilty verdict last year, underwent a new trial this week at the Nîmes court of appeal.

A jury of nine jurors, sitting with three judges, ruled against Dogan on Thursday of raping Pelicot in her bedroom in southern France in the morning of June 29, 2019.

The testimony revealed that Dogan, a married father, made contact with the victim's husband at the time, the husband, in an internet forum named “unbeknownst to her”, where Pelicot was seeking men to enter his residence to assault his wife once he had sedated her into a unconscious state.

We trust the panel will say loud and clear that in this society, fundamental rights are also rights of women – that permission is individual, not given by another,” said the victim's attorney, her legal representative. “Permission is obtained directly and not through someone else from a husband.”

Background

The ex-husband, one of the worst sex offenders in modern French history, was sentenced to 20 years in prison last year for sedating his spouse and soliciting numerous individuals to rape her in her home in the Provence village of Mazan over a duration of many years of their marriage.

Fifty other men were found culpable in a notable trial last year, and Dogan was the only man to challenge his sentence. He was first sentenced to 9 years in prison, a sentence increased on Thursday to a decade.

The lead state prosecutor, the prosecutor, had stated he should serve twelve years, because he “absolutely refuses to take any blame”.

Courtroom Details

The defendant had initially sent Dominique Pelicot graphic images and then traveled an hour from his town in the region to rape Gisèle Pelicot, after notifying his wife he was stepping out, the evidence indicated.

Pelicot, who was transported from solitary confinement in prison to temporarily give evidence at the hearing, informed the court that Dogan had known his wife had been “drugged” and he told to men by phone: “I want someone to assault my wife after I’ve sedated her unbeknownst to her.”

The courtroom became a central issue for a larger conversation on rape culture in society as the defendant continued to claim he was innocent and had not engaged in violation, arguing that because the victim's husband had invited him into the residence, his actions had been acceptable.

The jury in the Nîmes appeals court was displayed visual proof of Gisèle Pelicot’s limp body, unconscious and snoring in a unconscious condition, while a grinning the perpetrator committed rape repeatedly over a timeframe of what police said was 3.5 hours. The presiding judge said she had been at risk of death by suffocation. The state prosecution said there was absolute certainty that she had been incapacitated and had not given permission.

Accused's Testimony

Dogan informed the court the videos were simply “intimate moments” and disputed it was rape. He said what he did was “an intimate behavior”, not assault. He declared the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had brought him to the residence, and therefore it was acceptable. He said he was influenced by the husband. “I attempted to cease,” Dogan told the court. “I proceeded because he persuaded me.”

Questioned if he wanted to make a final statement to the court, Dogan said: “I never wanted to injure that individual.”

Pelicot's Words

Gisèle Pelicot, who was supported upon departing the trial each day by onlookers present to support her, addressed the defendant in court: “You haven’t understood. When will you acknowledge you raped me? It is unlawful to rape an unaware woman. When did I ever give you consent? At no time.”

The victim, seventy-two, became an symbol of resistance after she relinquished her right to privacy in the trial last year when she said: “The shame should shift.”

State's Argument

Sie, addressing Gisèle Pelicot in court, said Dogan’s refusal to take blame showed that: “The shame remains. The public is maybe in the midst of that, perhaps propelled by the public consciousness brought by the exposure of your case.”

The prosecutor said Dogan’s claims of blamelessness showed how societal tolerance was still common in society as part of “archaic” forms of “male domination”. He said: “We need to change the culture of violence to a society based on agreement.”

Sie told Dogan: “While you deny it, it’s not just a individual, it’s an complete unpleasant social system that you are supporting.”

Defendant's Background

Dogan was born in the country of Turkey and at the age of 5 moved to France, where his parent worked as a building manager. The testimony revealed that his father was abusive and that the defendant began consuming marijuana aged ten. When he was seventeen he was stopped by authorities for dealing drugs and his father forced him to leave the family house. He spent time in prison for drug dealing in his early 20s and had worked as a construction worker but had undergone 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 educational cafeteria. The evidence showed his wife did not know he had repeated intimate relations outside their marriage. His defence said this was his way of coping with his challenging existence. The defendant had informed a court psychologist that each year he looked for transactional encounters on his birthday. His attorneys informed the court he had a medical condition triggered by the stress of the first trial.