French Appeal Court Uphighers Jail Time for Gisèle Pelicot Rapist

An individual has been found guilty on higher court review of sexually assaulting Gisèle Pelicot following she was drugged unconscious by her husband – and has had his jail term increased to a decade.

Higher Court Case

The defendant, 44, an unemployed builder, who had appealed his first conviction last year, experienced a new trial this week at the Nîmes court of appeal.

A jury of nine jurors, joined by three judges, convicted Dogan on Thursday of raping the victim in her home in southern France in the early hours of 29 June 2019.

The court heard that the accused, a married father, connected with Gisèle Pelicot’s husband at the time, the husband, in an online chatroom named “unbeknownst to her”, where the husband was recruiting men to visit his house to rape his wife once he had drugged her into a comatose state.

We trust the panel will say loud and clear that in this society, fundamental rights are also rights of women – that permission is personal, not delegated,” stated the victim's lawyer, Antoine Camus. “Agreement is received directly and not through someone else from a husband.”

Background

The husband, a notorious sex offenders in recent French history, was given a prison term to twenty years in prison last year for incapacitating his then wife and soliciting numerous individuals to rape her in her home in the Provence village of Mazan over a period of almost a decade of their marriage.

Dozens of additional defendants were found culpable in a widely publicized trial last year, and the appellant was the single defendant to challenge his verdict. He was first handed a term to nine years in prison, a punishment enhanced on Thursday to a decade.

The chief prosecutor, Dominique Sie, had contended he should serve 12 years, because he “absolutely refuses to take any responsibility”.

Testimony and Proof

The defendant had first sent Dominique Pelicot graphic images and then driven an hour from his residence in the region to rape the victim, after notifying his wife he was stepping out, the testimony revealed.

Pelicot, who was brought from segregation in prison to briefly give evidence at the hearing, informed the court that the accused had known his wife had been “sedated” and he said to men by phone: “I’m looking for someone to violate my wife after I’ve rendered her unconscious unbeknownst to her.”

The courtroom became a central issue for a larger conversation on sexual violence norms in society as the defendant continued to say he was innocent and had not engaged in violation, stating that because Gisèle Pelicot’s husband had invited him into the residence, his conduct had been permissible.

The panel in the higher court was shown visual proof of Gisèle Pelicot’s unresponsive form, sedated and snoring in a comatose state, while a smiling Dogan engaged in violation multiple times over a duration of what authorities reported was several hours. The presiding judge said she had been at risk of fatal outcome by asphyxiation. The state prosecution said there was no question that she had been incapacitated and had not agreed.

Defendant's Statements

The defendant informed the court the videos were simply “sex scenes” and denied 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 residence, and therefore it was acceptable. He said he was manipulated by Dominique Pelicot. “I attempted to cease,” Dogan informed the court. “I proceeded because he persuaded me.”

Inquired if he wanted to make a final statement to the court, the defendant said: “I had no desire to injure that individual.”

Survivor's Statement

Gisèle Pelicot, who was cheered upon leaving court each day by crowds present to support her, said to the defendant in court: “You haven’t understood. When will you acknowledge you assaulted me? It is illegal to assault an incapacitated woman. How could I have give you consent? At no time.”

Gisèle Pelicot, 72, became an international feminist hero after she gave up her right to confidentiality in the trial last year when she said: “The shame should shift.”

Legal Commentary

The prosecutor, addressing Gisèle Pelicot in court, said the defendant's failure to take blame showed that: “Guilt has not shifted. Society is possibly in the course of that, perhaps propelled by the collective awareness brought by the exposure of your case.”

Sie said Dogan’s claims of blamelessness showed how rape culture was still prevalent in society as part of “archaic” forms of “male domination”. He said: “It is imperative to change rape culture to a ethos of permission.”

The prosecutor told the defendant: “While you refuse to admit it, it’s not just a person, it’s an whole sordid social system that you are supporting.”

Biographical Details

The accused was originated from the country of Turkey and at the age of 5 came to the nation of France, where his parent worked as a building manager. The evidence indicated that his father was aggressive and that the defendant began consuming marijuana at the age of 10. When Dogan was seventeen he was apprehended by police for dealing drugs and his father evicted him of home. He served time in prison for trafficking in his early 20s and had worked as a builder but had experienced periods of living on the streets.

He was married and had a child with Down’s syndrome, 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 extramarital activities outside their marriage. His defence said this was his method of dealing with his stressful life. The defendant had stated to a court psychologist that once a year he sought commercial sex on his special day. His legal representatives stated to the court he had a medical condition triggered by the anxiety of the initial proceedings.