France's Appeal Tribunal Raises Sentence for Gisèle Pelicot Perpetrator

An individual was convicted on appeal of sexually assaulting Gisèle Pelicot after she was sedated by her then-husband – and has had his jail term extended to ten years.

Higher Court Case

Dogan, forty-four, an unemployed builder, who had contested his initial guilty verdict last year, underwent a retrial this week at the appeals court in Nîmes.

A jury of four women and five men, accompanied by three judges, ruled against Dogan on Thursday of sexually assaulting the victim in her bedroom in Provence in the morning of 29 June 2019.

The court heard that Dogan, a family man, reached out to the victim's spouse, Dominique Pelicot, in an digital platform titled “without her knowledge”, where Pelicot was seeking men to enter his residence to rape his wife once he had sedated her into a unconscious state.

“We hope the court will affirm that in this nation, human rights are also rights of women – that permission is individual, not delegated,” said the victim's attorney, Antoine Camus. “Permission is secured directly and not by proxy from a husband.”

Background

The husband, one of the worst sexual predators in modern French history, was handed a sentence to two decades in prison last year for incapacitating his wife at the time and bringing in numerous individuals to rape her in her home in the community of Mazan over a span of many years of their marriage.

Numerous other individuals were found guilty in a high-profile trial last year, and the appellant was the sole individual to contest his verdict. He was first sentenced to nine years in prison, a punishment raised on Thursday to a decade.

The state's attorney, Dominique Sie, had argued he should serve 12 years, because he “completely denies to take any accountability”.

Courtroom Details

Dogan had initially sent the husband inappropriate pictures and then driven an hour from his town in Provence to assault the victim, after telling his wife he was leaving, the court heard.

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

The proceedings became a key topic for a broader debate on rape culture in society as Dogan continued to assert he was not guilty and had not perpetrated assault, stating that because Gisèle Pelicot’s husband had allowed him into the room, his conduct had been acceptable.

The jury in the Nîmes appeals court was shown recorded footage of Gisèle Pelicot’s unresponsive form, unconscious and snoring in a deep sleep, while a grinning Dogan engaged in violation multiple times over a timeframe of what authorities reported was 3.5 hours. The presiding judge said she had been at danger of fatal outcome by asphyxiation. The state's case said there was no doubt that she had been unconscious and had not agreed.

Accused's Testimony

Dogan informed the court the recordings were simply “sexual encounters” and disputed it was assault. He said what he did was “an intimate behavior”, not rape. He declared the court: “I am innocent of assault.” 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,” Dogan informed the court. “I continued because he reassured me.”

Asked if he wanted to make a final statement to the court, Dogan said: “I never wanted to harm that individual.”

Pelicot's Words

Gisèle Pelicot, who was supported upon leaving court each day by crowds gathered to support her, told Dogan in court: “You do not grasp. When will you admit you violated me? It’s a crime to assault an unconscious woman. How could I have give you permission? Not once.”

The victim, 72, became an symbol of resistance after she relinquished her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

The prosecutor, turning to the victim in court, said the defendant's failure to take blame showed that: “Shame has not yet changed sides. The public is possibly in the course of that, possibly motivated by the collective awareness resulting from the publication of your ordeal.”

Sie said Dogan’s claims of blamelessness showed how rape culture was still common in society as part of “archaic” forms of “gender-based power”. He said: “It is imperative to change the culture of violence to a ethos of permission.”

The prosecutor addressed the defendant: “While you refuse to admit it, it’s not just a woman, it’s an entire unpleasant societal structure that you are supporting.”

Personal History

Dogan was originated from the country of Turkey and at the age of 5 moved to the nation of France, where his father worked as a building manager. The court heard that his parent was violent and that Dogan began using drugs at the age of ten. When Dogan was 17 he was stopped by authorities for dealing drugs and his father kicked him out the residence. He served time in prison for trafficking in his young adulthood and had worked as a construction worker but had faced periods of living on the streets.

He was wed and had a child with special needs, who he was the main caregiver for, as his spouse worked in a school canteen. The evidence showed his spouse did not know he had frequent extramarital activities beyond their union. His defence said this was his method of dealing with his challenging existence. The defendant had told a court psychologist that annually he sought paid sex on his special day. His lawyers stated to the court he had a medical condition resulting from the anxiety of the first trial.