France's Appeal Court Raises Prison Term for Gisele Pelicot Perpetrator

An individual has been found guilty on appeal of sexually assaulting Gisèle Pelicot after she was drugged unconscious by her then-husband – and received his incarceration period increased to ten years.

Appeal Trial

The defendant, 44, an out-of-work construction worker, who had appealed his first conviction last year, underwent a retrial this week at the higher court in Nîmes.

A panel of five men and four women, joined by three judges, ruled against Dogan on Thursday of raping the victim in her home in Provence in the morning of June 29, 2019.

The court heard that the accused, a family man, connected with Gisèle Pelicot’s husband at the time, the husband, in an online chatroom titled “without her consent”, where Pelicot was looking for men to come to his home to assault his wife once he had rendered her unconscious into a unconscious state.

“We hope the panel will say loud and clear that in this nation, fundamental rights are also women’s rights – that permission is personal, not given by another,” stated the victim's lawyer, Antoine Camus. “Permission is obtained directly and not via a representative from a husband.”

Background

The ex-husband, a notorious sex offenders in recent French history, was given a prison term to 20 years in prison last year for incapacitating his then wife and inviting numerous individuals to rape her in her home in the Provence village of the village of Mazan over a period of many years of their marriage.

Fifty other men were found culpable in a widely publicized trial last year, and the appellant was the only man to challenge his conviction. He was first sentenced to 9 years in prison, a sentence raised on Thursday to ten years.

The lead state prosecutor, Dominique Sie, had stated he should serve 12 years, because he “stubbornly rejects to take any blame”.

Courtroom Details

Dogan had first sent Dominique Pelicot graphic images and then traveled an hour from his residence in Provence to rape the victim, after informing his wife he was leaving, the court heard.

The ex-husband, who was transported from segregation in prison to temporarily give evidence at the appeal trial, stated to the court that the accused had understood his wife had been “incapacitated” and he said to men by phone: “I seek someone to violate my wife after I’ve rendered her unconscious without her consent.”

The trial became a key topic for a broader debate 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 invited him into the residence, his conduct had been justifiable.

The panel in the higher court was shown recorded footage of Gisèle Pelicot’s limp body, unconscious and snoring in a comatose state, while a smiling Dogan committed rape repeatedly over a period of what police said was 3.5 hours. The court official said she had been at peril of death by suffocation. The state prosecution said there was no question that she had been incapacitated and had not given permission.

Defendant's Statements

The defendant stated to the court the videos were simply “intimate moments” and rejected it was assault. He said what he did was “a consensual activity”, not rape. He declared the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had allowed him to the residence, and therefore it was OK. He said he was deceived by Dominique Pelicot. “I tried to halt,” the accused stated to the court. “I proceeded because he persuaded me.”

Questioned if he wanted to make a last words to the court, Dogan said: “I did not intend to injure that woman.”

Pelicot's Words

The survivor, who was applauded upon leaving court each day by supporters gathered to back her, told the defendant in court: “You haven’t understood. When are you going to recognise you violated me? It is unlawful to rape an incapacitated woman. At what point did I give you permission? Never.”

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

Legal Commentary

Sie, turning to the victim in court, said Dogan’s unwillingness to take accountability showed that: “Shame has not yet changed sides. The public is perhaps in the midst of that, possibly driven by the public consciousness resulting from the revelation of your situation.”

Sie said the defendant's claims of blamelessness showed how societal tolerance was still common in society as part of “archaic” forms of “male domination”. He said: “It is imperative to change the culture of violence to a society based on agreement.”

The prosecutor said to the defendant: “As long as you reject it, it’s not just a individual, it’s an whole disturbing cultural framework that you are endorsing.”

Biographical Details

Dogan was originated from Turkey and at the age of 5 came to the nation of France, where his father worked as a caretaker. The testimony revealed that his father was violent and that Dogan began using drugs aged 10. When he was 17 he was stopped by police for drug trafficking and his father kicked him out the family house. He spent time in prison for drug dealing in his young adulthood and had worked as a construction worker but had experienced periods of homelessness.

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 testimony revealed his spouse did not know he had frequent extramarital activities beyond their marriage. His defence said this was his method of dealing with his challenging existence. Dogan had stated to a mental health expert that each year he sought commercial sex on his birthday. His legal representatives informed the court he had joint inflammation resulting from the pressure of the initial proceedings.