French Appeal Tribunal Uphighers Sentence for Gisele Pelicot Perpetrator

An individual was declared guilty on higher court review of raping Gisele Pelicot after she was drugged unconscious by her spouse – and was given his incarceration period increased to a decade.

Retrial Proceedings

Dogan, 44, an out-of-work construction worker, who had appealed his first conviction last year, underwent a new trial this week at the higher court in Nîmes.

A jury of four women and five men, accompanied by three judges, ruled against Dogan on Thursday of raping Pelicot in her residence in southern France in the morning of June 29, 2019.

The testimony revealed that the accused, a married father, reached out to Gisèle Pelicot’s then husband, the husband, in an online chatroom called “without her consent”, where Pelicot was recruiting men to come to his home to rape his wife after he had rendered her unconscious into a deep sleep.

We expect the court will say loud and clear that in this nation, human rights are also women’s rights – that permission is personal, not delegated,” declared the victim's attorney, her legal representative. “Consent is received personally and not by proxy from a husband.”

Context

The husband, a notorious sexual predators in modern French history, was given a prison term to 20 years in prison last year for incapacitating his then wife and soliciting numerous individuals to sexually assault her in her home in the community of Mazan over a duration of almost a decade of their union.

Dozens of additional defendants were found culpable in a high-profile trial last year, and the appellant was the only man to challenge his sentence. He was originally given a sentence to 9 years in prison, a sentence increased on Thursday to a decade.

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

Courtroom Details

The defendant had initially sent Dominique Pelicot inappropriate pictures and then traveled an hour from his town in the region to assault the victim, after telling his wife he was leaving, the testimony revealed.

Pelicot, who was transported from segregation in prison to briefly provide testimony at the retrial, informed the court that Dogan had known his wife had been “drugged” and he told to men by phone: “I seek someone to assault my wife after I’ve sedated her without her knowledge.”

The proceedings became a key topic for a larger conversation on rape culture in society as the defendant continued to claim he was blameless and had not committed rape, arguing that because the victim's husband had invited him into the room, his behavior had been justifiable.

The jury in the higher court was displayed recorded footage of Gisèle Pelicot’s unconscious figure, comatose and breathing heavily in a comatose state, while a grinning the perpetrator committed rape multiple times over a duration of what investigators stated was three and a half hours. The judge said she had been at risk of fatal outcome by choking. The prosecution said there was no question that she had been unaware and had not agreed.

Defendant's Statements

The defendant informed the court the footage were simply “sexual encounters” and disputed it was assault. He said what he did was “an intimate behavior”, not assault. He stated the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had invited him to the home, and therefore it was permissible. 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 closing remarks to the court, the defendant said: “I did not intend to hurt that lady.”

Victim's Response

The survivor, who was cheered upon exiting the courtroom each day by supporters assembled to support her, addressed the defendant in court: “You fail to comprehend. When are you going to recognise you violated me? It is unlawful to rape an unaware woman. At what point did I give you permission? Not once.”

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

Prosecutor's Remarks

Sie, speaking to the victim in court, said Dogan’s unwillingness to take responsibility showed that: “Shame has not yet changed sides. The community is possibly in the midst of that, possibly motivated by the societal understanding resulting from the publication of your case.”

Sie said the defendant's claims of innocence showed how societal tolerance was still common in society as part of “outdated” forms of “male domination”. He said: “It is imperative to change rape culture to a ethos of permission.”

Sie said to Dogan: “While you deny it, it’s not just a person, it’s an entire disturbing societal structure that you are endorsing.”

Defendant's Background

Dogan was born in Turkey and at the age of 5 relocated to France, where his father worked as a concierge. The testimony revealed that his father was violent and that the defendant began using drugs aged ten. When he was seventeen he was caught by police for selling narcotics and his parent evicted him the residence. He spent time in prison for trafficking in his young adulthood and had worked as a construction worker but had undergone periods of being unhoused.

He was married and had a son with a genetic condition, who he was the main caregiver for, as his spouse worked in a institution's dining hall. The testimony revealed his wife did not know he had frequent sexual encounters outside their marriage. His defence said this was his method of dealing with his challenging existence. Dogan had stated to a mental health expert that once a year he looked for paid sex on his birthday. His lawyers stated to the court he had a medical condition caused by the anxiety of the original case.