French Higher Tribunal Increases Sentence for Gisèle Pelicot Assailant

A man was convicted on higher court review of sexually assaulting Gisele Pelicot after she was rendered comatose by her husband – and has had his jail term extended to a decade.

Appeal Trial

The defendant, 44, an out-of-work construction worker, who had appealed his first conviction last year, faced a new trial this week at the Nîmes court of appeal.

A jury of four women and five men, 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 the accused, a married father, reached out to Gisèle Pelicot’s then husband, Dominique Pelicot, in an digital platform titled “without her knowledge”, where the husband was recruiting men to visit his house to rape his wife once he had drugged her into a comatose state.

“We hope the panel will declare that in this society, fundamental rights are also rights of women – that permission is personal, not delegated,” stated Gisèle Pelicot’s attorney, her legal representative. “Permission is obtained directly and not via a representative from a husband.”

Context

The husband, one of the worst sex offenders in recent French history, was sentenced to two decades in prison last year for sedating his wife at the time and soliciting dozens of men to rape her in her home in the Provence village of Mazan over a period of many years of their union.

Dozens of additional defendants were found culpable in a notable trial last year, and Dogan was the single defendant to challenge his sentence. He was originally handed a term to 9 years in prison, a sentence enhanced on Thursday to 10 years.

The chief prosecutor, the prosecutor, had stated he should serve twelve years, because he “completely denies to take any accountability”.

Courtroom Details

Dogan had first sent the husband inappropriate pictures and then driven an hour from his residence in the region to rape Gisèle Pelicot, after telling his wife he was leaving, the evidence indicated.

Pelicot, who was brought from solitary confinement in prison to briefly give evidence at the retrial, informed the court that the accused had understood his wife had been “drugged” and he told to men by phone: “I want someone to violate my wife after I’ve sedated her unbeknownst to her.”

The proceedings became a focus point for a larger conversation on societal attitudes in society as Dogan continued to claim he was blameless and had not perpetrated assault, contending that because the victim's husband had invited him into the bedroom, his conduct had been permissible.

The jury in the Nîmes appeals court was displayed video evidence of Gisèle Pelicot’s limp body, unconscious and breathing heavily in a comatose state, while a smiling Dogan performed assault multiple times over a duration of what police said was 3.5 hours. The judge said she had been at peril of death by choking. The state prosecution said there was absolute certainty that she had been incapacitated and had not given permission.

Defendant's Statements

The defendant stated to the court the videos were simply “intimate moments” and denied it was rape. He said what he did was “a sexual act”, not assault. He stated the court: “I did not commit rape.” He said the victim's husband had brought him to the residence, and therefore it was acceptable. He said he was influenced by the husband. “I wanted to stop,” Dogan informed the court. “I continued because he reassured me.”

Inquired if he wanted to make a last words to the court, Dogan said: “I did not intend to injure that woman.”

Survivor's Statement

The victim, who was supported upon departing the trial each day by onlookers present to support her, said to Dogan in court: “You haven’t understood. When are you going to recognise you violated me? It is unlawful to rape an unconscious woman. How could I have give you agreement? Not once.”

Gisèle Pelicot, 72, became an global icon after she gave up her right to anonymity in the trial last year when she said: “Guilt ought to transfer.”

State's Argument

The prosecutor, turning to Gisèle Pelicot in court, said Dogan’s unwillingness to take blame showed that: “Shame has not yet changed sides. Society is perhaps in the midst of that, possibly driven by the collective awareness spurred by the publication of your ordeal.”

Sie said Dogan’s claims of non-guilt showed how rape culture was still widespread in society as part of “archaic” forms of “patriarchal control”. He said: “We need to change the culture of violence to a society based on agreement.”

Sie addressed Dogan: “As long as you refuse to admit it, it’s not just a woman, it’s an complete unpleasant social system that you are endorsing.”

Defendant's Background

Dogan was born in the country of Turkey and at the age of 5 relocated to France, where his parent worked as a caretaker. The testimony revealed that his parent was abusive and that the defendant began using drugs aged ten. When he was seventeen he was stopped by authorities for dealing drugs and his parent evicted him of home. He served time in prison for drug dealing in his early 20s and had worked as a laborer but had experienced periods of homelessness.

He was married and had a son with special needs, who he was the principal carer for, as his wife worked in a educational cafeteria. The court heard his spouse did not know he had frequent intimate relations outside their union. His defence said this was his strategy for managing with his difficult circumstances. Dogan had stated to a mental health expert that each year he looked for commercial sex on his special day. His legal representatives told the court he had arthritis resulting from the anxiety of the first trial.