French Appeal Tribunal Increases Sentence for Gisèle Pelicot Perpetrator

An individual was declared guilty on retrial of sexually assaulting Gisele Pelicot after she was rendered comatose by her husband – and received his jail term extended to a decade.

Retrial Proceedings

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

A panel of five men and four women, sitting with three judges, convicted Dogan on Thursday of raping Pelicot in her bedroom in the south of France in the early hours of June 29, 2019.

The evidence showed that Dogan, a married father, reached out to the victim's spouse, Dominique Pelicot, in an digital platform titled “without her consent”, where Pelicot was seeking men to visit his house to assault his wife once he had rendered her unconscious into a comatose state.

“We hope the jury will affirm that in this nation, fundamental rights are also rights of women – that consent is personal, not delegated,” stated the victim's lawyer, Antoine Camus. “Agreement is received personally and not by proxy from a husband.”

Context

Dominique Pelicot, among the most severe sex offenders in recent French history, was given a prison term to 20 years in prison last year for drugging his then wife and bringing in dozens of men to sexually assault her in her home in the town of Mazan over a duration of many years of their union.

Fifty other men were found convicted in a notable trial last year, and the appellant was the single defendant to challenge his conviction. He was first given a sentence to nine years in prison, a penalty raised on Thursday to 10 years.

The chief prosecutor, Dominique Sie, had contended he should serve twelve years, because he “stubbornly rejects to take any responsibility”.

Testimony and Proof

The defendant had initially sent the husband inappropriate pictures and then driven an hour from his town in the region to rape Gisèle Pelicot, after telling his wife he was going out, the evidence indicated.

The ex-husband, who was brought from solitary confinement in prison to briefly give evidence at the hearing, told the court that the accused had understood his wife had been “sedated” and he communicated to men by phone: “I seek someone to abuse my wife after I’ve rendered her unconscious without her knowledge.”

The proceedings became a focus point for a broader debate on societal attitudes in society as the defendant continued to assert he was blameless and had not committed rape, arguing that because the victim's husband had allowed him into the residence, his conduct had been justifiable.

The panel in the higher court was displayed video evidence of Gisèle Pelicot’s unconscious figure, unconscious and snoring in a deep sleep, while a grinning Dogan engaged in violation repeatedly over a timeframe of what investigators stated was three and a half hours. The court official said she had been at danger of fatal outcome by asphyxiation. The state's case said there was no question that she had been unaware and had not given permission.

Accused's Testimony

Dogan stated to the court the videos were simply “intimate moments” and denied it was violation. He said what he did was “a consensual activity”, not rape. He stated the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had brought him to the home, and therefore it was OK. He said he was manipulated by the husband. “I tried to halt,” Dogan told the court. “I carried on because he reassured me.”

Asked if he wanted to make a last words to the court, the defendant said: “I did not intend to hurt that woman.”

Survivor's Statement

The victim, who was applauded upon departing the trial each day by crowds gathered to stand with her, said to the defendant in court: “You haven’t understood. When will you acknowledge you assaulted me? It’s a crime to rape an unconscious woman. When did I ever give you permission? Never.”

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

Prosecutor's Remarks

The prosecutor, addressing the victim in court, said the defendant's unwillingness to take blame showed that: “The shame remains. Society is perhaps in the course of that, perhaps motivated by the collective awareness spurred by the exposure of your case.”

The prosecutor said Dogan’s claims of blamelessness showed how normalized violence was still prevalent in society as part of “old-fashioned” forms of “patriarchal control”. He said: “We need to change the culture of violence to a culture of consent.”

The prosecutor told the defendant: “For as much as you deny it, it’s not just a individual, it’s an entire sordid societal structure that you are endorsing.”

Personal History

Dogan was born in Turkey and at the age of 5 relocated to France, where his father worked as a caretaker. The evidence indicated that his father was abusive and that Dogan began using drugs at the age of 10. When Dogan was 17 he was stopped by authorities for selling narcotics and his father forced him to leave the residence. He was incarcerated in prison for drug dealing in his young adulthood and had worked as a laborer but had faced periods of living on the streets.

He was married and had a son with a genetic condition, who he was the main caregiver for, as his spouse worked in a school canteen. The testimony revealed his wife did not know he had repeated sexual encounters outside their union. His defence said this was his strategy for managing with his stressful life. Dogan had stated to a court psychologist that once a year he looked for commercial sex on his special day. His lawyers told the court he had a medical condition caused by the pressure of the initial proceedings.