French Appeal Court Raises Prison Term for Gisèle Pelicot Assailant

An individual has been found guilty on appeal of sexually assaulting Gisele Pelicot after she was rendered comatose by her then-husband – and received his jail term extended to ten years.

Retrial Proceedings

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

A panel of five men and four women, accompanied by three judges, convicted Dogan on Thursday of sexually assaulting the victim in her residence in southern France in the early hours of June 29, 2019.

The court heard that Dogan, a married father, reached out to Gisèle Pelicot’s spouse, Dominique Pelicot, in an digital platform titled “unbeknownst to her”, where the husband was seeking men to visit his house to rape his wife once he had drugged her into a unconscious state.

We expect the court will declare that in this nation, fundamental rights are also rights of women – that consent is individual, not given by another,” said Gisèle Pelicot’s lawyer, Antoine Camus. “Consent is received personally and not through someone else from a spouse.”

Background

The husband, a notorious sexual predators in recent French history, was sentenced to two decades in prison last year for drugging his wife at the time and bringing in numerous individuals to rape her in her home in the town of Mazan over a period of many years of their union.

Numerous other individuals were found convicted in a high-profile trial last year, and the appellant was the only man to contest his conviction. He was first given a sentence to 9 years in prison, a sentence increased on Thursday to 10 years.

The lead state prosecutor, the prosecutor, had contended he should serve twelve years, because he “completely denies to take any blame”.

Evidence Presented

Dogan had initially sent the husband graphic images and then traveled an hour from his residence in Provence to assault the victim, after telling his wife he was stepping out, the testimony revealed.

The ex-husband, who was transported from isolation in prison to temporarily give evidence at the hearing, informed the court that Dogan had known his wife had been “incapacitated” and he said to men by phone: “I want someone to violate my wife after I’ve rendered her unconscious without her consent.”

The trial became a focus point for a larger conversation on rape culture in society as the defendant continued to assert he was not guilty and had not perpetrated assault, stating that because the victim's husband had invited him into the room, his conduct had been acceptable.

The jury in the Nîmes appeals court was shown visual proof of Gisèle Pelicot’s unresponsive form, sedated and snoring in a unconscious condition, while a grinning the perpetrator engaged in violation repeatedly over a timeframe of what authorities reported was 3.5 hours. The judge said she had been at risk of fatal outcome by suffocation. The state's case said there was no question that she had been unconscious and had not given permission.

Defendant's Statements

Dogan informed the court the footage were simply “intimate moments” and disputed it was violation. He said what he did was “an intimate behavior”, not assault. He told the court: “I never raped.” He said the victim's husband had allowed him to the home, and therefore it was OK. He said he was influenced by the husband. “I tried to halt,” the accused informed the court. “I proceeded because he persuaded me.”

Inquired if he wanted to make a last words to the court, the defendant said: “I had no desire to hurt that lady.”

Pelicot's Words

The survivor, who was supported upon leaving court each day by supporters present to back her, told the defendant in court: “You fail to comprehend. When will you acknowledge you assaulted me? It’s a crime to rape an unconscious woman. When did I ever give you agreement? Not once.”

The victim, 72, became an global icon after she waived her right to confidentiality in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

The prosecutor, speaking to the victim in court, said the defendant's refusal to take blame showed that: “Shame has not yet changed sides. Society is maybe in the midst of that, maybe propelled by the public consciousness resulting from the publication of your case.”

Sie said the defendant's claims of blamelessness showed how societal tolerance was still prevalent in society as part of “old-fashioned” forms of “gender-based power”. He said: “Now we must change rape culture to a society based on agreement.”

The prosecutor addressed the defendant: “As long as you reject it, it’s not just a person, it’s an whole sordid social system that you are supporting.”

Personal History

Dogan was originated from Turkey and at the age of five relocated to France, where his parent worked as a concierge. The testimony revealed that his parent was aggressive and that Dogan began using drugs aged ten. When he was 17 he was stopped by police for dealing drugs and his parent forced him to leave the family house. He spent time in prison for drug dealing in his young adulthood and had worked as a builder but had faced periods of being unhoused.

He was married and had a son with Down’s syndrome, who he was the primary guardian for, as his spouse worked in a educational cafeteria. The evidence showed his spouse did not know he had regular sexual encounters beyond their marriage. His legal team said this was his way of coping with his stressful life. Dogan had told a mental health expert that each year he sought transactional encounters on his special day. His lawyers told the court he had a medical condition resulting from the stress of the original case.