France's Higher Court Increases Jail Time for Gisele Pelicot Assailant

A defendant was declared guilty on retrial of raping Gisèle Pelicot following she was sedated by her spouse – and was given his jail term increased to 10 years.

Appeal Trial

Dogan, 44, an out-of-work construction worker, who had appealed his first conviction last year, faced a new trial this week at the Nîmes court of appeal.

A panel of five men and four women, accompanied by three judges, found Dogan guilty on Thursday of sexually assaulting Pelicot in her residence in the south of France in the early hours of 29 June 2019.

The court heard that the accused, a married father, connected with Gisèle Pelicot’s then husband, the husband, in an online chatroom called “unbeknownst to her”, where the husband was recruiting men to come to his home to assault his wife once he had sedated her into a unconscious state.

We expect the jury will say loud and clear that in this country, fundamental rights are also rights of women – that agreement is individual, not given by another,” said Gisèle Pelicot’s attorney, Antoine Camus. “Permission is received directly and not via a representative from a husband.”

Background

Dominique Pelicot, a notorious sex offenders in modern French history, was handed a sentence to twenty years in prison last year for sedating his spouse and soliciting dozens of men to rape her in her home in the town of Mazan over a period of many years of their union.

Fifty other men were found convicted in a notable trial last year, and Dogan was the sole individual to challenge his verdict. He was initially given a sentence to 9 years in prison, a penalty raised on Thursday to ten years.

The lead state prosecutor, the prosecutor, had argued he should serve 12 years, because he “absolutely refuses to take any responsibility”.

Testimony and Proof

The defendant had first sent the husband inappropriate pictures and then traveled an hour from his village in Provence to rape the victim, after informing his wife he was going out, the testimony revealed.

The ex-husband, who was transported from segregation in prison to temporarily give evidence at the hearing, informed the court that Dogan had understood his wife had been “incapacitated” and he said to men by phone: “I’m looking for someone to assault my wife after I’ve rendered her unconscious without her knowledge.”

The proceedings became a key topic for a larger conversation on societal attitudes in society as the defendant continued to assert he was innocent and had not perpetrated assault, stating that because the victim's husband had invited him into the bedroom, his actions had been acceptable.

The panel in the higher court was displayed recorded footage of the victim's limp body, unconscious and snoring in a comatose state, while a smiling the perpetrator performed assault multiple times over a period of what authorities reported was 3.5 hours. The court official said she had been at danger of fatal outcome by asphyxiation. The state prosecution said there was no question that she had been unaware and had not given permission.

Defendant's Statements

The defendant informed the court the footage were simply “sexual encounters” and disputed it was assault. He said what he did was “a consensual activity”, not assault. He declared the court: “I never raped.” He said the victim's husband had allowed him to the residence, and therefore it was permissible. He said he was manipulated by Dominique Pelicot. “I wanted to stop,” the accused informed the court. “I continued 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.”

Survivor's Statement

The survivor, who was applauded upon departing the trial each day by crowds gathered to stand with her, said to the defendant in court: “You do not grasp. When are you going to recognise you raped me? It is illegal to rape an unaware woman. How could I have give you permission? At no time.”

Gisèle Pelicot, 72, became an international feminist hero after she gave up her right to privacy in the trial last year when she said: “Guilt ought to transfer.”

Legal Commentary

Sie, speaking to the victim in court, said the defendant's failure to take responsibility showed that: “Shame has not yet changed sides. The public is possibly in the course of that, possibly propelled by the public consciousness spurred by the publication of your ordeal.”

Sie said the defendant's claims of non-guilt showed how rape culture was still prevalent in society as part of “old-fashioned” forms of “patriarchal control”. He said: “It is imperative to change rape culture to a culture of consent.”

The prosecutor addressed the defendant: “While you reject it, it’s not just a individual, it’s an whole disturbing social system that you are supporting.”

Personal History

Dogan was originated from the country of Turkey and at the age of 5 came to the nation of France, where his father worked as a caretaker. The court heard that his parent was aggressive and that the defendant began using drugs aged ten. When he was seventeen he was caught by police for dealing drugs and his father kicked him out the family house. He was incarcerated in prison for drug dealing in his young adulthood and had worked as a laborer but had experienced periods of living on the streets.

He was wed and had a son with special needs, who he was the principal carer for, as his wife worked in a educational cafeteria. The evidence showed his spouse did not know he had frequent sexual encounters outside their marriage. His legal team said this was his strategy for managing with his challenging existence. Dogan had informed a court psychologist that annually he looked for transactional encounters on his birthday. His legal representatives told the court he had a medical condition resulting from the stress of the first trial.