France's Appeal Court Raises Jail Time for Gisèle Pelicot Assailant

An individual was convicted on higher court review of sexually assaulting Gisèle Pelicot after she was rendered comatose by her then-husband – and received his jail term raised to a decade.

Appeal Trial

Dogan, forty-four, an out-of-work construction worker, who had contested his initial guilty verdict last year, experienced 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 the victim in her bedroom in Provence in the early hours of 29 June 2019.

The court heard that Dogan, a family man, reached out to Gisèle Pelicot’s then husband, the husband, in an digital platform called “without her consent”, where the husband was recruiting men to visit his house to assault his wife after he had drugged her into a unconscious state.

“We hope the court will declare that in this society, human rights are also women’s rights – that permission is individual, not given by another,” stated the victim's attorney, Antoine Camus. “Consent is secured directly and not via a representative from a spouse.”

Case History

Dominique Pelicot, among the most severe sexual predators in France's contemporary records, was given a prison term to 20 years in prison last year for drugging his spouse and inviting dozens of men to rape her in her home in the community of Mazan over a period of almost a decade of their marriage.

Numerous other individuals were found culpable in a high-profile trial last year, and Dogan was the sole individual to challenge his verdict. He was originally sentenced to 9 years in prison, a sentence enhanced on Thursday to a decade.

The chief prosecutor, Dominique Sie, had stated he should serve 12 years, because he “completely denies to take any responsibility”.

Testimony and Proof

Dogan had initially sent Dominique Pelicot sexually explicit photos and then traveled an hour from his residence in Provence to assault Gisèle Pelicot, after notifying his wife he was stepping out, the court heard.

The ex-husband, who was transported from isolation in prison to briefly testify at the retrial, told the court that the accused had known his wife had been “sedated” and he said to men by phone: “I want someone to assault my wife after I’ve rendered her unconscious without her knowledge.”

The courtroom became a focus point for a broader debate on societal attitudes in society as the defendant continued to say he was not guilty and had not committed rape, contending that because the victim's husband had allowed him into the room, his behavior had been acceptable.

The jury in the Nîmes appeals court was shown video evidence of Gisèle Pelicot’s unconscious figure, sedated and breathing heavily in a comatose state, while a smiling Dogan committed rape repeatedly over a duration of what police said was three and a half hours. The judge said she had been at peril of death by choking. The state's case said there was no doubt that she had been unconscious and had not given permission.

Accused's Testimony

Dogan told the court the videos were simply “intimate moments” and disputed it was assault. He said what he did was “a consensual activity”, not rape. He declared the court: “I never raped.” He said Gisèle Pelicot’s husband had allowed him to the home, and therefore it was permissible. He said he was deceived by the husband. “I attempted to cease,” Dogan stated to the court. “I continued because he reassured me.”

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

Pelicot's Words

Gisèle Pelicot, who was applauded upon leaving court each day by onlookers present to back her, addressed the defendant in court: “You do not grasp. When will you admit you assaulted me? It’s a crime to assault an unconscious woman. How could I have give you permission? At no time.”

The victim, seventy-two, became an symbol of resistance after she waived her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”

Legal Commentary

The prosecutor, turning to Gisèle Pelicot in court, said Dogan’s refusal to take responsibility showed that: “Shame has not yet changed sides. Society is possibly in the midst of that, perhaps propelled by the societal understanding spurred by the publication of your situation.”

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: “Now we must change the culture of violence to a ethos of permission.”

The prosecutor addressed the defendant: “While you deny it, it’s not just a woman, it’s an whole unpleasant social system that you are upholding.”

Defendant's Background

The accused was born in Turkey and at the age of 5 came to the nation of France, where his parent worked as a building manager. The testimony revealed that his parent was aggressive and that Dogan began using drugs at the age of ten. When he was 17 he was apprehended 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 early 20s and had worked as a laborer but had experienced periods of living on the streets.

He was married and had a son with Down’s syndrome, who he was the primary guardian for, as his wife worked in a school canteen. The testimony revealed his wife did not know he had frequent intimate relations outside their marriage. His defence said this was his method of dealing with his difficult circumstances. The defendant had informed a court psychologist that each year he looked for transactional encounters on his special day. His attorneys told the court he had arthritis caused by the pressure of the first trial.