France's Higher Court Raises Sentence for Gisèle Pelicot Perpetrator

A man was convicted on higher court review of sexually assaulting Gisele Pelicot after she was sedated by her then-husband – and has had his prison sentence raised to ten years.

Retrial Proceedings

Dogan, 44, an out-of-work construction worker, who had appealed his initial guilty verdict last year, underwent a appeal hearing this week at the Nîmes court of appeal.

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

The testimony revealed that the accused, a family man, reached out to Gisèle Pelicot’s then husband, the husband, in an digital platform called “without her knowledge”, where the husband was recruiting men to enter his residence to assault his wife after he had sedated her into a comatose state.

We expect the jury will declare that in this nation, fundamental rights are also women’s rights – that permission is individual, not transferred,” declared Gisèle Pelicot’s attorney, Antoine Camus. “Permission is received personally and not through someone else from a husband.”

Case History

Dominique Pelicot, a notorious sexual predators in recent French history, was sentenced to 20 years in prison last year for sedating his then wife and inviting multiple perpetrators to sexually assault her in her home in the town of Mazan over a span of almost a decade of their marriage.

Numerous other individuals were found culpable in a high-profile trial last year, and Dogan was the single defendant to appeal against his sentence. He was first sentenced to nine years in prison, a sentence raised on Thursday to 10 years.

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

Evidence Presented

The defendant had first sent the husband inappropriate pictures and then driven an hour from his village in Provence to rape Gisèle Pelicot, after informing his wife he was going out, the evidence indicated.

The ex-husband, who was transported from isolation in prison to temporarily provide testimony at the retrial, informed the court that Dogan had known his wife had been “incapacitated” and he said to men by phone: “I seek someone to assault my wife after I’ve put her to sleep without her knowledge.”

The courtroom became a central issue for a larger conversation on rape culture in society as Dogan continued to claim he was not guilty and had not perpetrated assault, contending that because Gisèle Pelicot’s husband had allowed him into the residence, his behavior had been justifiable.

The jury in the Nîmes appeals court was shown recorded footage of Gisèle Pelicot’s unresponsive form, unconscious and breathing heavily in a unconscious condition, while a grinning the perpetrator engaged in violation multiple times over a duration of what authorities reported was three and a half hours. The court official said she had been at peril of fatal outcome by choking. The state prosecution said there was no question that she had been incapacitated and had not given permission.

Dogan's Claims

The defendant stated to the court the videos were simply “sexual encounters” and denied it was assault. He said what he did was “an intimate behavior”, not assault. He stated the court: “I never raped.” He said the victim's husband had allowed him to the house, and therefore it was acceptable. He said he was influenced by Dominique Pelicot. “I wanted to stop,” Dogan stated to the court. “I proceeded because he reassured me.”

Asked if he wanted to make a closing remarks to the court, Dogan said: “I never wanted to hurt that lady.”

Survivor's Statement

The victim, who was supported upon departing the trial each day by onlookers present to stand with her, said to the defendant in court: “You fail to comprehend. When are you going to recognise you raped me? It’s a crime to assault an incapacitated woman. How could I have give you agreement? At no time.”

The victim, seventy-two, became an symbol of resistance after she gave up her right to anonymity in the trial last year when she said: “Guilt ought to transfer.”

Legal Commentary

Sie, addressing Gisèle Pelicot in court, said Dogan’s failure to take responsibility showed that: “Shame has not yet changed sides. The community is perhaps in the course of that, maybe motivated by the public consciousness resulting from the revelation of your ordeal.”

Sie said Dogan’s claims of innocence showed how normalized violence was still widespread in society as part of “old-fashioned” forms of “male domination”. He said: “Now we must change the culture of violence to a society based on agreement.”

Sie told Dogan: “As long as you refuse to admit it, it’s not just a person, it’s an entire sordid cultural framework that you are endorsing.”

Defendant's Background

Dogan was originated from the country of Turkey and at the age of 5 relocated to the nation of France, where his father worked as a building manager. The court heard that his parent was aggressive and that Dogan began consuming marijuana at the age of 10. When Dogan was seventeen he was apprehended by authorities for selling narcotics and his parent forced him to leave the residence. He was incarcerated in prison for narcotics offenses in his twenties and had worked as a construction worker but had experienced periods of being unhoused.

He was married and had a child with Down’s syndrome, who he was the principal carer for, as his wife worked in a school canteen. The testimony revealed his spouse did not know he had regular sexual encounters beyond their marriage. His defence said this was his method of dealing with his difficult circumstances. The defendant had stated to a court psychologist that each year he engaged in commercial sex on his birthday. His legal representatives informed the court he had arthritis caused by the pressure of the original case.