France's Appeal Tribunal Raises Jail Time for Gisele Pelicot Rapist

An individual was convicted on retrial of raping Gisele Pelicot after she was drugged unconscious by her spouse – and was given his jail term increased to a decade.

Retrial Proceedings

Dogan, 44, an unemployed builder, who had appealed his first conviction last year, experienced a new trial this week at the higher court in Nîmes.

A jury of four women and five men, joined by three judges, convicted Dogan on Thursday of sexually assaulting Pelicot in her residence in Provence in the early hours of 29 June 2019.

The testimony revealed that the accused, a family man, connected with the victim's then husband, the husband, in an internet forum named “unbeknownst to her”, where Pelicot was looking for men to enter his residence to rape his wife once he had drugged her into a deep sleep.

We expect the panel will affirm that in this nation, fundamental rights are also women’s rights – that consent is individual, not delegated,” said the victim's lawyer, her legal representative. “Permission is received personally and not via a representative from a spouse.”

Case History

The ex-husband, among the most severe sexual predators in modern French history, was sentenced to two decades in prison last year for drugging his wife at the time and soliciting numerous individuals to rape her in her home in the community of the village of Mazan over a span of many years of their union.

Fifty other men were found culpable in a notable trial last year, and Dogan was the single defendant to challenge his conviction. He was originally sentenced to nine years in prison, a penalty enhanced on Thursday to 10 years.

The chief prosecutor, Dominique Sie, had argued he should serve 12 years, because he “stubbornly rejects to take any blame”.

Testimony and Proof

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

Pelicot, who was transported from isolation in prison to temporarily give evidence at the hearing, stated to the court that Dogan had known his wife had been “sedated” and he said to men by phone: “I’m looking for someone to assault my wife after I’ve sedated her without her knowledge.”

The courtroom became a key topic for a larger conversation on sexual violence norms in society as Dogan continued to assert he was innocent and had not engaged in violation, arguing that because Gisèle Pelicot’s husband had allowed him into the bedroom, his behavior had been acceptable.

The panel in the higher court was shown recorded footage of Gisèle Pelicot’s limp body, unconscious and snoring in a deep sleep, while a grinning the perpetrator engaged in violation multiple times over a period of what investigators stated was 3.5 hours. The judge said she had been at danger of fatal outcome by choking. The state prosecution said there was no question that she had been incapacitated and had not given permission.

Defendant's Statements

Dogan informed the court the videos were simply “sexual encounters” and rejected it was rape. He said what he did was “an intimate behavior”, not assault. He declared the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had allowed him to the residence, and therefore it was OK. He said he was deceived by Dominique Pelicot. “I attempted to cease,” the accused stated to the court. “I carried on because he reassured me.”

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

Pelicot's Words

The victim, who was supported upon departing the trial each day by supporters assembled to stand with her, told the defendant in court: “You fail to comprehend. When are you going to recognise you raped me? It’s a crime to assault an unconscious woman. At what point did I give you permission? At no time.”

The victim, seventy-two, became an symbol of resistance after she relinquished her right to anonymity in the trial last year when she said: “Shame must change sides.”

Legal Commentary

The prosecutor, addressing the victim in court, said the defendant's unwillingness to take accountability showed that: “Guilt has not shifted. Society is maybe in the midst of that, possibly propelled by the societal understanding spurred by the publication of your case.”

Sie said the defendant's claims of non-guilt showed how societal tolerance was still prevalent in society as part of “outdated” forms of “gender-based power”. He said: “We need to change the culture of violence to a society based on agreement.”

The prosecutor said to the defendant: “For as much as you reject it, it’s not just a woman, it’s an entire disturbing social system that you are upholding.”

Personal History

The accused 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 caretaker. The evidence indicated that his parent was violent and that Dogan began smoking cannabis at the age of 10. When he was 17 he was apprehended by authorities for selling narcotics and his parent evicted him of home. He spent time in prison for drug dealing in his twenties and had worked as a construction worker but had experienced periods of homelessness.

He was married and had a son with special needs, who he was the primary guardian for, as his spouse worked in a school canteen. The evidence showed his wife did not know he had frequent intimate relations outside their marriage. His legal team said this was his method of dealing with his difficult circumstances. Dogan had told a mental health expert that once a year he sought transactional encounters on his birthday. His attorneys stated to the court he had a medical condition caused by the pressure of the first trial.