French Appeal Tribunal Raises Sentence for Gisèle Pelicot Perpetrator

An individual was declared guilty on appeal of raping Gisele Pelicot following she was drugged unconscious by her then-husband – and was given his jail term extended to 10 years.

Appeal Trial

Dogan, 44, 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, convicted Dogan on Thursday of raping the victim in her bedroom in the south of France in the early hours of 29 June 2019.

The court heard that the accused, a married father, reached out to the victim's spouse, Dominique Pelicot, in an digital platform titled “without her knowledge”, where Pelicot was recruiting men to visit his house to rape his wife after he had sedated her into a comatose state.

We trust the court will say loud and clear that in this country, fundamental rights are also women’s rights – that consent is personal, not transferred,” said the victim's lawyer, her legal representative. “Agreement is received directly and not through someone else from a spouse.”

Case History

The husband, among the most severe sex offenders in recent French history, was handed a sentence to 20 years in prison last year for incapacitating his spouse and inviting dozens of men to rape her in her home in the Provence village of the village of Mazan over a span of nearly ten years of their marriage.

Fifty other men were found culpable in a widely publicized trial last year, and the appellant was the only man to contest his sentence. He was originally sentenced to 9 years in prison, a punishment increased on Thursday to ten years.

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

Testimony and Proof

Dogan had initially sent Dominique Pelicot graphic images and then driven an hour from his village in the region to rape the victim, after telling his wife he was stepping out, the evidence indicated.

The ex-husband, who was brought from solitary confinement in prison to briefly provide testimony at the hearing, told the court that the accused had been aware his wife had been “drugged” and he said to men by phone: “I want someone to violate my wife after I’ve sedated her without her consent.”

The trial became a key topic for a wider discussion on societal attitudes in society as the defendant continued to claim he was innocent and had not committed rape, stating that because the victim's husband had welcomed him into the bedroom, his conduct had been justifiable.

The panel in the Nîmes appeals court was displayed recorded footage of Gisèle Pelicot’s limp body, sedated and breathing heavily in a deep sleep, while a grinning Dogan committed rape multiple times over a duration of what authorities reported was 3.5 hours. The presiding judge said she had been at risk of death by choking. The prosecution said there was absolute certainty that she had been incapacitated and had not given permission.

Accused's Testimony

Dogan told the court the recordings were simply “sex scenes” and denied it was assault. He said what he did was “a consensual activity”, not assault. He told the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had allowed him to the residence, and therefore it was acceptable. He said he was deceived by Dominique Pelicot. “I tried to halt,” Dogan informed the court. “I carried on because he persuaded me.”

Questioned if he wanted to make a final statement to the court, the defendant said: “I had no desire to harm that lady.”

Pelicot's Words

The survivor, who was applauded upon leaving court each day by crowds present to stand with her, said to Dogan in court: “You haven’t understood. When will you acknowledge you assaulted me? It is illegal to rape an incapacitated woman. At what point did I give you consent? Not once.”

The victim, 72, became an international feminist hero 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, addressing Gisèle Pelicot in court, said Dogan’s unwillingness to take responsibility showed that: “Guilt has not shifted. The public is perhaps in the process of that, possibly motivated by the public consciousness spurred by the publication of your ordeal.”

The prosecutor said Dogan’s claims of non-guilt showed how societal tolerance was still common in society as part of “outdated” forms of “male domination”. He said: “We need to change the culture of violence to a ethos of permission.”

Sie addressed the defendant: “As long as you refuse to admit it, it’s not just a person, it’s an complete disturbing social system that you are endorsing.”

Personal History

The accused was originated from the country of Turkey and at the age of 5 moved to the nation of France, where his parent worked as a caretaker. The evidence indicated that his parent was abusive and that Dogan began consuming marijuana aged ten. When he was 17 he was apprehended by police for selling narcotics and his parent evicted him of home. He spent time in prison for trafficking in his young adulthood and had worked as a construction worker but had faced periods of homelessness.

He was married and had a child with Down’s syndrome, 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 regular sexual encounters beyond their union. His defence said this was his method of dealing with his stressful life. The defendant had told a evaluator that each year he engaged in commercial sex on his special day. His legal representatives stated to the court he had joint inflammation triggered by the anxiety of the first trial.