French Higher Tribunal Raises Sentence for Gisèle Pelicot Assailant

An individual has been found guilty on retrial of sexually assaulting Gisèle Pelicot following she was rendered comatose by her husband – and received his jail term extended to a decade.

Higher Court Case

The defendant, forty-four, an unemployed builder, who had contested his first conviction last year, experienced a appeal hearing this week at the higher court in Nîmes.

A panel of nine jurors, sitting with three judges, convicted Dogan on Thursday of sexually assaulting the victim in her bedroom in the south of France in the early hours of June 29, 2019.

The evidence showed that the accused, a family man, connected with the victim's husband at the time, Dominique Pelicot, in an digital platform named “unbeknownst to her”, where Pelicot was seeking men to visit his house to assault his wife once he had drugged her into a unconscious state.

We trust the court will say loud and clear that in this society, human rights are also rights of women – that consent is individual, not delegated,” declared Gisèle Pelicot’s attorney, Antoine Camus. “Permission is obtained directly and not through someone else from a husband.”

Background

The ex-husband, one of the worst sex offenders in France's contemporary records, was handed a sentence to 20 years in prison last year for sedating his then wife and bringing in multiple perpetrators to rape her in her home in the Provence village of Mazan over a period of many years of their marriage.

Numerous other individuals were found culpable in a widely publicized trial last year, and Dogan was the only man to challenge his verdict. He was first given a sentence to nine years in prison, a sentence increased on Thursday to ten years.

The lead state prosecutor, Dominique Sie, had contended he should serve twelve years, because he “completely denies to take any blame”.

Evidence Presented

Dogan had first sent Dominique Pelicot graphic images and then traveled an hour from his town in Provence to rape the victim, after notifying his wife he was leaving, the evidence indicated.

Pelicot, who was brought from isolation in prison to temporarily give evidence at the appeal trial, informed the court that Dogan had been aware his wife had been “sedated” and he told to men by phone: “I seek someone to violate my wife after I’ve sedated her without her consent.”

The trial became a key topic for a broader debate on societal attitudes in society as the defendant continued to assert he was blameless and had not committed rape, contending that because Gisèle Pelicot’s husband had allowed him into the room, his conduct had been justifiable.

The panel in the higher court was presented with video evidence of the victim's limp body, unconscious and snoring in a deep sleep, while a smiling the perpetrator engaged in violation multiple times over a duration of what investigators stated was several hours. The presiding judge said she had been at risk of fatal outcome by suffocation. The prosecution said there was absolute certainty that she had been unaware and had not agreed.

Dogan's Claims

The defendant stated to the court the videos were simply “sexual encounters” and disputed it was assault. He said what he did was “a sexual act”, not assault. He told the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had allowed him to the home, and therefore it was OK. He said he was manipulated by the husband. “I attempted to cease,” Dogan informed the court. “I continued because he convinced me.”

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

Pelicot's Words

The victim, who was cheered upon departing the trial each day by onlookers present to support her, addressed the defendant in court: “You do not grasp. When are you going to recognise you raped me? It is illegal to rape an unaware woman. How could I have give you consent? Never.”

Gisèle Pelicot, 72, became an symbol of resistance after she gave up her right to privacy in the trial last year when she said: “Guilt ought to transfer.”

Legal Commentary

Sie, turning to Gisèle Pelicot in court, said the defendant's failure to take blame showed that: “Guilt has not shifted. The public is perhaps in the midst of that, perhaps propelled by the collective awareness brought by the revelation of your case.”

Sie said Dogan’s claims of innocence showed how rape culture was still widespread in society as part of “outdated” forms of “patriarchal control”. He said: “Now we must change rape culture to a ethos of permission.”

The prosecutor told the defendant: “For as much as you reject it, it’s not just a person, it’s an complete unpleasant societal structure that you are supporting.”

Defendant's Background

Dogan was originated from the country of Turkey and at the age of five came to France, where his parent worked as a concierge. The court heard that his father was abusive and that Dogan began using drugs at the age of 10. When Dogan was seventeen he was caught by authorities for selling narcotics and his father forced him to leave of home. He spent time in prison for drug dealing in his twenties and had worked as a builder but had faced periods of living on the streets.

He was married and had a child with a genetic condition, who he was the principal carer for, as his spouse worked in a educational cafeteria. The court heard his wife did not know he had regular sexual encounters outside their union. His legal team said this was his strategy for managing with his stressful life. Dogan had stated to a mental health expert that each year he sought transactional encounters on his special day. His attorneys told the court he had joint inflammation triggered by the pressure of the initial proceedings.