France's Higher Court Raises Sentence for Gisele Pelicot Perpetrator

An individual has been found guilty on higher court review of raping Gisele Pelicot after she was sedated by her husband – and received his jail term increased to 10 years.

Appeal Trial

Dogan, 44, an out-of-work construction worker, who had appealed his initial guilty verdict last year, experienced a appeal hearing this week at the higher court in Nîmes.

A panel of four women and five men, joined by three judges, ruled against Dogan on Thursday of sexually assaulting the victim in her home in Provence in the early hours of 29 June 2019.

The testimony revealed that Dogan, a married father, connected with the victim's spouse, Dominique Pelicot, in an digital platform titled “unbeknownst to her”, where Pelicot was seeking men to come to his home to rape his wife after he had drugged her into a comatose state.

“We hope the panel will say loud and clear that in this nation, fundamental rights are also rights of women – that agreement is personal, not given by another,” declared the victim's attorney, Antoine Camus. “Consent is secured personally and not via a representative from a spouse.”

Case History

The ex-husband, among the most severe sexual predators in France's contemporary records, was sentenced to 20 years in prison last year for drugging his wife at the time and bringing in numerous individuals to rape her in her home in the community of the village of Mazan over a period of many years of their union.

Fifty other men were found culpable in a notable trial last year, and Dogan was the single defendant to contest his sentence. He was first sentenced to 9 years in prison, a punishment enhanced on Thursday to a decade.

The state's attorney, the prosecutor, had argued he should serve twelve years, because he “completely denies to take any blame”.

Testimony and Proof

The defendant had initially sent Dominique Pelicot inappropriate pictures and then traveled an hour from his village in Provence to assault the victim, after telling his wife he was leaving, the court heard.

The ex-husband, who was brought from segregation in prison to briefly testify at the retrial, informed the court that the accused had known his wife had been “drugged” and he communicated to men by phone: “I want someone to violate my wife after I’ve sedated her unbeknownst to her.”

The trial became a central issue for a broader debate on sexual violence norms in society as Dogan continued to assert he was blameless and had not committed rape, stating that because Gisèle Pelicot’s husband had welcomed him into the bedroom, his actions had been justifiable.

The jury in the Nîmes appeals court was presented with video evidence of Gisèle Pelicot’s unconscious figure, comatose and snoring in a comatose state, while a smiling the perpetrator engaged in violation repeatedly over a duration of what investigators stated was three and a half hours. The judge said she had been at risk of death by asphyxiation. The state prosecution said there was no question that she had been unconscious and had not given permission.

Defendant's Statements

The defendant informed the court the videos were simply “intimate moments” and disputed it was violation. He said what he did was “an intimate behavior”, not assault. He told the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had allowed him to the home, and therefore it was OK. He said he was manipulated by the husband. “I attempted to cease,” the accused told the court. “I continued because he reassured me.”

Inquired if he wanted to make a last words to the court, the defendant said: “I had no desire to injure that woman.”

Pelicot's Words

The survivor, who was cheered upon departing the trial each day by supporters assembled to support her, said to Dogan in court: “You do not grasp. When will you acknowledge you violated me? It’s a crime to assault an unaware woman. How could I have give you agreement? Never.”

The victim, 72, became an symbol of resistance after she gave up her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

The prosecutor, speaking to Gisèle Pelicot in court, said Dogan’s failure to take accountability showed that: “The shame remains. The community is possibly in the process of that, perhaps propelled by the societal understanding resulting from the revelation of your situation.”

Sie said Dogan’s claims of non-guilt showed how rape culture was still prevalent in society as part of “outdated” forms of “patriarchal control”. He said: “Now we must change rape culture to a ethos of permission.”

The prosecutor told Dogan: “For as much as you reject it, it’s not just a person, it’s an entire disturbing social system that you are supporting.”

Personal History

The accused was originated from Turkey and at the age of 5 relocated to France, where his parent worked as a caretaker. The evidence indicated that his parent was aggressive and that the defendant began smoking cannabis aged 10. When he was 17 he was caught by authorities for drug trafficking and his father forced him to leave of home. He spent time in prison for narcotics offenses in his young adulthood and had worked as a construction worker but had faced periods of living on the streets.

He was married and had a son with Down’s syndrome, who he was the principal carer for, as his wife worked in a school canteen. The testimony revealed his spouse did not know he had repeated intimate relations outside their union. His defence said this was his method of dealing with his challenging existence. Dogan had told a mental health expert that each year he looked for paid sex on his birthday. His attorneys informed the court he had a medical condition resulting from the anxiety of the initial proceedings.