France's Appeal Tribunal Raises Sentence for Gisele Pelicot Rapist

An individual was convicted on higher court review of sexually assaulting Gisèle Pelicot following she was drugged unconscious by her then-husband – and has had his jail term increased to a decade.

Higher Court Case

The defendant, forty-four, an out-of-work construction worker, who had contested his first conviction last year, faced 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 sexually assaulting Pelicot in her residence in Provence in the morning of 29 June 2019.

The testimony revealed that the accused, a married father, made contact with the victim's then husband, the husband, in an online chatroom named “without her knowledge”, where the husband was seeking men to enter his residence to rape his wife once he had rendered her unconscious into a unconscious state.

We expect the panel will say loud and clear that in this nation, human rights are also rights of women – that consent is individual, not transferred,” stated Gisèle Pelicot’s lawyer, Antoine Camus. “Agreement is obtained directly and not through someone else from a spouse.”

Background

The ex-husband, one of the worst sexual predators in recent French history, was handed a sentence to two decades in prison last year for drugging his wife at the time and bringing in numerous individuals to rape her in her home in the Provence village of the village of Mazan over a span of many years of their marriage.

Dozens of additional defendants were found culpable in a widely publicized trial last year, and the appellant was the single defendant to contest his verdict. He was initially sentenced to 9 years in prison, a punishment raised on Thursday to ten years.

The chief prosecutor, the prosecutor, had contended he should serve 12 years, because he “absolutely refuses to take any blame”.

Evidence Presented

The defendant had initially sent Dominique Pelicot inappropriate pictures and then traveled an hour from his village in Provence to rape Gisèle Pelicot, after informing his wife he was going out, the court heard.

The ex-husband, who was brought from isolation in prison to briefly testify at the hearing, stated to the court that the accused had known his wife had been “incapacitated” and he told to men by phone: “I’m looking for someone to abuse my wife after I’ve sedated her unbeknownst to her.”

The proceedings became a focus point for a wider discussion on rape culture in society as Dogan continued to assert he was not guilty and had not engaged in violation, arguing that because the victim's husband had welcomed him into the residence, his behavior had been permissible.

The jury in the higher court was presented with recorded footage of Gisèle Pelicot’s limp body, unconscious and breathing heavily in a comatose state, while a smiling Dogan performed assault on several occasions over a duration of what investigators stated was 3.5 hours. The presiding judge said she had been at risk of fatal outcome by asphyxiation. The prosecution said there was no question that she had been unaware and had not agreed.

Accused's Testimony

The defendant told the court the videos were simply “sex scenes” and disputed it was rape. He said what he did was “an intimate behavior”, not assault. He declared the court: “I never raped.” He said Gisèle Pelicot’s husband had invited him to the residence, and therefore it was permissible. He said he was influenced by the husband. “I attempted to cease,” the accused stated to the court. “I carried on because he reassured me.”

Asked if he wanted to make a last words to the court, Dogan said: “I had no desire to injure that lady.”

Survivor's Statement

The survivor, who was applauded upon departing the trial each day by onlookers present to stand with her, told Dogan in court: “You fail to comprehend. When will you acknowledge you assaulted me? It’s a crime to assault an unconscious woman. At what point did I give you consent? Never.”

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

State's Argument

The prosecutor, addressing Gisèle Pelicot in court, said the defendant's refusal to take blame showed that: “Shame has not yet changed sides. The community is possibly in the process of that, maybe propelled by the public consciousness spurred by the revelation of your situation.”

The prosecutor said Dogan’s claims of blamelessness showed how normalized violence was still prevalent in society as part of “archaic” forms of “gender-based power”. He said: “Now we must change rape culture to a society based on agreement.”

Sie said to Dogan: “While you reject it, it’s not just a person, it’s an whole sordid social system that you are supporting.”

Defendant's Background

Dogan was originated from the country of Turkey and at the age of 5 relocated to the nation of France, where his parent worked as a concierge. The evidence indicated that his father was aggressive and that the defendant began using drugs at the age of 10. When he was seventeen he was apprehended by police for selling narcotics and his parent forced him to leave of home. He spent time in prison for trafficking in his young adulthood and had worked as a builder but had faced periods of living on the streets.

He was wed and had a son with Down’s syndrome, who he was the primary guardian for, as his wife worked in a educational cafeteria. The testimony revealed his wife did not know he had frequent extramarital activities beyond their union. His defence said this was his way of coping with his stressful life. The defendant had told a mental health expert that annually he sought commercial sex on his birthday. His legal representatives informed the court he had arthritis caused by the stress of the first trial.