French Higher Court Raises Prison Term for Gisèle Pelicot Assailant

An individual has been found guilty on retrial of sexually assaulting Gisèle Pelicot following she was sedated by her then-husband – and received his incarceration period increased to a decade.

Higher Court Case

Dogan, forty-four, 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 jury of nine jurors, accompanied by three judges, ruled against Dogan on Thursday of sexually assaulting the victim in her residence in Provence in the morning of 29 June 2019.

The court heard that Dogan, a married father, made contact with the victim's spouse, Dominique Pelicot, in an online chatroom called “without her consent”, where the husband was seeking men to enter his residence to rape his wife after he had sedated her into a deep sleep.

We trust the court will declare that in this country, human rights are also rights of women – that permission is individual, not delegated,” stated the victim's lawyer, Antoine Camus. “Consent is received directly and not via a representative from a spouse.”

Background

Dominique Pelicot, among the most severe sex offenders in France's contemporary records, was given a prison term to 20 years in prison last year for sedating his wife at the time and bringing in dozens of men to rape her in her home in the community of Mazan over a period of nearly ten years of their marriage.

Numerous other individuals were found guilty in a high-profile trial last year, and Dogan was the only man to challenge his conviction. He was initially handed a term to nine years in prison, a penalty raised on Thursday to a decade.

The lead state prosecutor, the prosecutor, had stated he should serve 12 years, because he “absolutely refuses to take any responsibility”.

Testimony and Proof

Dogan had first sent the husband sexually explicit photos and then traveled an hour from his town in Provence to assault Gisèle Pelicot, after informing his wife he was going out, the testimony revealed.

The ex-husband, who was transported from solitary confinement in prison to briefly give evidence at the hearing, stated to the court that the accused had known his wife had been “sedated” and he said to men by phone: “I seek someone to assault my wife after I’ve rendered her unconscious without her consent.”

The courtroom became a focus point for a broader debate on societal attitudes in society as the defendant continued to assert he was blameless and had not perpetrated assault, contending that because Gisèle Pelicot’s husband had allowed him into the room, his behavior had been permissible.

The jury in the Nîmes appeals court was shown visual proof of Gisèle Pelicot’s unconscious figure, unconscious and snoring in a comatose state, while a grinning the perpetrator committed rape on several occasions over a period of what police said was several hours. The presiding judge said she had been at peril of death by suffocation. The state prosecution said there was no doubt that she had been incapacitated and had not agreed.

Accused's Testimony

The defendant told the court the footage were simply “sex scenes” and denied it was rape. He said what he did was “a sexual act”, not assault. He stated the court: “I never raped.” He said Gisèle Pelicot’s husband had brought him to the residence, and therefore it was permissible. He said he was deceived by Dominique Pelicot. “I attempted to cease,” the accused told the court. “I carried on because he persuaded me.”

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

Survivor's Statement

The survivor, who was cheered upon leaving court each day by supporters gathered to back her, told Dogan in court: “You haven’t understood. When will you acknowledge you violated me? It is unlawful to rape an unconscious woman. When did I ever give you consent? At no time.”

Gisèle Pelicot, seventy-two, became an symbol of resistance after she relinquished her right to anonymity in the trial last year when she said: “Shame must change sides.”

Legal Commentary

The prosecutor, turning to the victim in court, said Dogan’s refusal to take accountability showed that: “Shame has not yet changed sides. Society is possibly in the course of that, maybe driven by the public consciousness brought by the revelation of your situation.”

The prosecutor said Dogan’s claims of innocence showed how rape culture was still prevalent in society as part of “outdated” forms of “male domination”. He said: “Now we must change the culture of violence to a culture of consent.”

The prosecutor addressed Dogan: “While you refuse to admit it, it’s not just a person, it’s an complete unpleasant cultural framework that you are supporting.”

Defendant's Background

Dogan was born in the country of Turkey and at the age of five came to France, where his father worked as a caretaker. The court heard that his parent was violent and that the defendant began consuming marijuana at the age of ten. When Dogan was 17 he was stopped by authorities for dealing drugs and his parent evicted him the residence. He served time in prison for trafficking in his twenties and had worked as a builder but had undergone periods of being unhoused.

He was married and had a child with special needs, who he was the main caregiver for, as his spouse worked in a school canteen. The court heard his wife did not know he had regular sexual encounters outside their marriage. His defence said this was his way of coping with his stressful life. The defendant had stated to a court psychologist that once a year he looked for commercial sex on his special day. His attorneys stated to the court he had a medical condition caused by the anxiety of the first trial.