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

A man was declared guilty on appeal of raping Gisele Pelicot following she was drugged unconscious by her then-husband – and was given his prison sentence increased to ten years.

Appeal Trial

The defendant, 44, an unemployed builder, who had appealed his initial guilty verdict last year, faced a appeal hearing this week at the higher court in Nîmes.

A panel of nine jurors, joined by three judges, found Dogan guilty on Thursday of raping Pelicot in her home in the south of France in the early hours of 29 June 2019.

The evidence showed that Dogan, a family man, made contact with the victim's then husband, Dominique Pelicot, in an digital platform called “unbeknownst to her”, where the husband was looking for men to visit his house to rape his wife once he had drugged her into a unconscious state.

“We hope the jury will declare that in this society, fundamental rights are also women’s rights – that consent is individual, not delegated,” said Gisèle Pelicot’s lawyer, her legal representative. “Permission is received directly and not by proxy from a spouse.”

Context

The husband, a notorious sex offenders in recent French history, was given a prison term to two decades in prison last year for drugging his then wife and inviting multiple perpetrators to sexually assault her in her home in the community of the village of Mazan over a duration of many years of their union.

Fifty other men were found guilty in a high-profile trial last year, and the appellant was the only man to contest his conviction. He was initially sentenced to nine years in prison, a punishment enhanced on Thursday to 10 years.

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

Courtroom Details

Dogan had initially sent the husband graphic images and then traveled an hour from his town in Provence to assault the victim, after telling his wife he was going out, the evidence indicated.

Pelicot, who was transported from isolation in prison to briefly provide testimony at the hearing, told the court that the accused had been aware his wife had been “incapacitated” and he told to men by phone: “I seek someone to assault my wife after I’ve put her to sleep without her knowledge.”

The proceedings became a key topic for a larger conversation on sexual violence norms in society as the defendant continued to claim he was innocent and had not perpetrated assault, stating that because the victim's husband had welcomed him into the bedroom, his behavior had been acceptable.

The panel in the higher court was shown recorded footage of Gisèle Pelicot’s unconscious figure, unconscious and snoring in a unconscious condition, while a smiling the perpetrator committed rape on several occasions over a timeframe of what authorities reported was 3.5 hours. The presiding judge said she had been at danger of fatal outcome by choking. The prosecution said there was no doubt that she had been unaware 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 “an intimate behavior”, not rape. He declared the court: “I am innocent of assault.” He said the victim's husband had allowed him to the residence, and therefore it was OK. He said he was influenced by Dominique Pelicot. “I wanted to stop,” the accused told the court. “I proceeded because he reassured me.”

Questioned if he wanted to make a final statement to the court, the defendant said: “I did not intend to hurt that woman.”

Victim's Response

The victim, who was supported upon departing the trial each day by onlookers gathered to stand with her, addressed Dogan in court: “You do not grasp. When are you going to recognise you raped me? It is illegal to assault an incapacitated woman. When did I ever give you consent? At no time.”

Gisèle Pelicot, seventy-two, became an symbol of resistance after she relinquished her right to anonymity in the trial last year when she said: “The shame should shift.”

Prosecutor's Remarks

Sie, speaking to Gisèle Pelicot in court, said Dogan’s refusal to take responsibility showed that: “Shame has not yet changed sides. The community is maybe in the midst of that, possibly motivated by the public consciousness brought by the revelation of your ordeal.”

The prosecutor said the defendant's claims of blamelessness showed how societal tolerance was still widespread in society as part of “outdated” forms of “gender-based power”. He said: “It is imperative to change rape culture to a culture of consent.”

Sie told Dogan: “While you reject it, it’s not just a person, it’s an complete disturbing cultural framework that you are supporting.”

Defendant's Background

Dogan was born in Turkey and at the age of 5 relocated to France, where his father worked as a caretaker. The testimony revealed that his father was violent and that the defendant began consuming marijuana at the age of 10. When he was 17 he was stopped by authorities for drug trafficking and his parent forced him to leave the family house. He served time in prison for narcotics offenses in his twenties and had worked as a laborer but had undergone periods of living on the streets.

He was married and had a child with a genetic condition, who he was the primary guardian for, as his spouse worked in a educational cafeteria. The evidence showed his wife did not know he had frequent sexual encounters outside their marriage. His legal team said this was his strategy for managing with his stressful life. The defendant had told a evaluator that each year he engaged in commercial sex on his special day. His attorneys informed the court he had arthritis caused by the anxiety of the initial proceedings.