French Appeal Tribunal Uphighers Sentence for Gisèle Pelicot Assailant

A man was declared guilty on appeal of sexually assaulting Gisèle Pelicot following she was drugged unconscious by her spouse – and was given his prison sentence extended to a decade.

Retrial Proceedings

Dogan, forty-four, an out-of-work construction worker, who had challenged his first conviction last year, faced a new trial this week at the higher court in Nîmes.

A panel of nine jurors, joined by three judges, convicted Dogan on Thursday of raping the victim in her residence in southern France in the early hours of June 29, 2019.

The evidence showed that Dogan, a family man, made contact with Gisèle Pelicot’s then husband, Dominique Pelicot, in an online chatroom titled “without her knowledge”, where Pelicot was looking for men to enter his residence to rape his wife after he had rendered her unconscious into a unconscious state.

“We hope the court will declare that in this country, fundamental rights are also women’s rights – that consent is personal, not given by another,” said Gisèle Pelicot’s attorney, Antoine Camus. “Agreement is received directly and not by proxy from a husband.”

Context

Dominique Pelicot, one of the worst sex offenders in recent French history, was handed a sentence to twenty years in prison last year for drugging his spouse and inviting dozens of men to rape her in her home in the town of Mazan over a span of many years of their marriage.

Numerous other individuals were found convicted in a high-profile trial last year, and the appellant was the only man to contest his conviction. He was originally given a sentence to nine years in prison, a punishment raised on Thursday to 10 years.

The state's attorney, Dominique Sie, had argued he should serve twelve years, because he “completely denies to take any responsibility”.

Evidence Presented

Dogan had initially sent the husband inappropriate pictures and then traveled an hour from his town in the region to assault the victim, after informing his wife he was stepping out, the testimony revealed.

Pelicot, who was transported from solitary confinement in prison to briefly testify at the hearing, stated to the court that Dogan had understood his wife had been “sedated” and he communicated to men by phone: “I seek someone to abuse my wife after I’ve put her to sleep unbeknownst to her.”

The courtroom became a focus point for a broader debate on sexual violence norms in society as the defendant continued to assert he was blameless and had not perpetrated assault, arguing that because the victim's husband had welcomed him into the room, his actions had been acceptable.

The jury in the higher court was shown video evidence of the victim's unconscious figure, sedated and breathing heavily in a comatose state, while a smiling the perpetrator engaged in violation multiple times over a duration of what investigators stated was 3.5 hours. The court official said she had been at risk of death by choking. The prosecution said there was no doubt that she had been incapacitated and had not consented.

Accused's Testimony

The defendant stated to the court the footage were simply “intimate moments” and disputed it was violation. He said what he did was “a sexual act”, not assault. He told the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had invited him to the home, and therefore it was OK. He said he was influenced by the husband. “I attempted to cease,” Dogan informed the court. “I carried on because he reassured me.”

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

Pelicot's Words

The survivor, who was supported upon leaving court each day by crowds present to support her, told Dogan in court: “You fail to comprehend. When will you admit you raped me? It is unlawful to rape an unaware woman. At what point did I give you agreement? Not once.”

Gisèle Pelicot, seventy-two, 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.”

Legal Commentary

The prosecutor, speaking to Gisèle Pelicot in court, said Dogan’s unwillingness to take accountability showed that: “Shame has not yet changed sides. Society is perhaps in the course of that, maybe propelled by the collective awareness resulting from the revelation of your case.”

The prosecutor said Dogan’s claims of blamelessness showed how rape culture was still widespread in society as part of “outdated” forms of “patriarchal control”. He said: “It is imperative to change rape culture to a society based on agreement.”

The prosecutor told Dogan: “As long as you reject it, it’s not just a person, it’s an whole unpleasant societal structure that you are upholding.”

Personal History

Dogan was born in Turkey and at the age of five moved to the nation of France, where his father worked as a concierge. The evidence indicated that his father was abusive and that Dogan began consuming marijuana at the age of ten. When he was seventeen he was apprehended by police for drug trafficking and his father kicked him out the residence. He served time in prison for trafficking in his young adulthood and had worked as a laborer but had undergone periods of living on the streets.

He was wed and had a son with Down’s syndrome, who he was the main caregiver for, as his spouse worked in a educational cafeteria. The court heard his wife did not know he had frequent intimate relations beyond their union. His defence said this was his way of coping with his challenging existence. Dogan had told a mental health expert that each year he looked for transactional encounters on his birthday. His attorneys stated to the court he had joint inflammation triggered by the stress of the original case.