France's Appeal Tribunal Uphighers Prison Term for Gisele Pelicot Perpetrator

An individual was declared guilty on appeal of sexually assaulting Gisèle Pelicot following she was sedated by her spouse – and received his prison sentence increased to 10 years.

Retrial Proceedings

The defendant, forty-four, an unemployed builder, who had appealed his initial guilty verdict last year, underwent a retrial this week at the higher court in Nîmes.

A jury of five men and four women, joined by three judges, found Dogan guilty on Thursday of sexually assaulting Pelicot in her home in the south of France in the morning of June 29, 2019.

The court heard that the accused, a married father, made contact with the victim's husband at the time, Dominique Pelicot, in an digital platform called “unbeknownst to her”, where the husband was recruiting men to visit his house to assault his wife after he had sedated her into a unconscious state.

We trust the court will affirm that in this country, fundamental rights are also women’s rights – that consent is individual, not delegated,” declared Gisèle Pelicot’s attorney, her legal representative. “Consent is obtained personally and not through someone else from a husband.”

Case History

Dominique Pelicot, among the most severe sexual predators in recent French history, was given a prison term to two decades in prison last year for incapacitating his wife at the time and bringing in multiple perpetrators to sexually assault her in her home in the community of the village of Mazan over a span of many years of their union.

Fifty other men were found guilty in a notable trial last year, and the appellant was the single defendant to contest his verdict. He was first given a sentence to 9 years in prison, a sentence raised on Thursday to a decade.

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

Courtroom Details

The defendant had initially sent the husband sexually explicit photos and then driven an hour from his town in the region to rape Gisèle Pelicot, after telling his wife he was stepping out, the testimony revealed.

Pelicot, who was brought from isolation in prison to briefly testify at the appeal trial, stated to the court that Dogan had been aware his wife had been “sedated” and he communicated to men by phone: “I want someone to violate my wife after I’ve sedated her without her consent.”

The proceedings became a central issue for a wider discussion on rape culture in society as Dogan continued to say he was innocent and had not perpetrated assault, contending that because Gisèle Pelicot’s husband had welcomed him into the bedroom, his conduct had been justifiable.

The panel in the Nîmes appeals court was displayed video evidence of Gisèle Pelicot’s limp body, unconscious and breathing heavily in a unconscious condition, while a smiling the perpetrator performed assault repeatedly over a duration of what authorities reported was several hours. The presiding judge said she had been at risk of fatal outcome by suffocation. The state's case said there was no doubt that she had been incapacitated and had not agreed.

Dogan's Claims

Dogan told the court the recordings were simply “sexual encounters” and denied it was assault. He said what he did was “a sexual act”, not assault. He told the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had allowed him to the house, and therefore it was OK. He said he was influenced by Dominique Pelicot. “I tried to halt,” the accused informed the court. “I carried on because he persuaded me.”

Asked if he wanted to make a closing remarks to the court, the defendant said: “I did not intend to harm that lady.”

Survivor's Statement

The survivor, who was applauded upon leaving court each day by crowds present to stand with her, told Dogan in court: “You haven’t understood. When are you going to recognise you assaulted me? It’s a crime to rape an unconscious woman. How could I have give you agreement? Never.”

Gisèle Pelicot, seventy-two, 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, turning to Gisèle Pelicot in court, said the defendant's unwillingness to take blame showed that: “Guilt has not shifted. The public is possibly in the process of that, possibly driven by the public consciousness brought by the publication of your case.”

The prosecutor said the defendant's claims of blamelessness showed how societal tolerance was still prevalent in society as part of “outdated” forms of “male domination”. He said: “It is imperative to change rape culture to a culture of consent.”

The prosecutor addressed Dogan: “While you reject it, it’s not just a person, it’s an whole sordid cultural framework that you are supporting.”

Personal History

Dogan was originated from the country of Turkey and at the age of 5 came to the nation of France, where his father worked as a building manager. The evidence indicated that his parent was abusive and that Dogan began using drugs at the age of 10. When Dogan was seventeen he was caught by police for drug trafficking and his father evicted him the residence. He spent time in prison for drug dealing in his early 20s and had worked as a laborer but had faced periods of living on the streets.

He was married and had a child with a genetic condition, who he was the primary guardian for, as his wife worked in a educational cafeteria. The evidence showed his spouse did not know he had repeated extramarital activities beyond their union. His defence said this was his way of coping with his challenging existence. Dogan had stated to a mental health expert that once a year he looked for transactional encounters on his birthday. His legal representatives told the court he had a medical condition resulting from the pressure of the first trial.