French Higher Court Uphighers Jail Time for Gisèle Pelicot Assailant

An individual was declared guilty on appeal of sexually assaulting Gisèle Pelicot following she was rendered comatose by her then-husband – and was given his jail term extended to a decade.

Appeal Trial

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

A panel of five men and four women, accompanied by three judges, convicted Dogan on Thursday of raping the victim in her home in Provence in the early hours of June 29, 2019.

The court heard that the accused, a family man, connected with Gisèle Pelicot’s then husband, Dominique Pelicot, in an internet forum named “without her consent”, where Pelicot was recruiting men to come to his home to assault his wife after he had drugged her into a unconscious state.

We trust the court will affirm that in this society, human rights are also women’s rights – that permission is personal, not delegated,” said the victim's lawyer, Antoine Camus. “Permission is obtained directly and not by proxy from a spouse.”

Context

The husband, among the most severe sex offenders in modern French history, was handed a sentence to two decades in prison last year for drugging his wife at the time and bringing in dozens of men to sexually assault her in her home in the community of the village of Mazan over a duration of many years of their union.

Dozens of additional defendants were found guilty in a notable trial last year, and Dogan was the sole individual to appeal against his sentence. He was first sentenced to 9 years in prison, a sentence increased on Thursday to 10 years.

The state's attorney, Dominique Sie, had stated he should serve 12 years, because he “stubbornly rejects to take any responsibility”.

Evidence Presented

The defendant had initially sent Dominique Pelicot inappropriate pictures and then traveled an hour from his village in the region to rape Gisèle Pelicot, after informing his wife he was leaving, the testimony revealed.

Pelicot, who was transported from segregation in prison to briefly testify at the hearing, informed the court that Dogan had understood his wife had been “incapacitated” and he said to men by phone: “I seek someone to assault my wife after I’ve rendered her unconscious without her knowledge.”

The trial became a key topic for a broader debate on societal attitudes in society as Dogan continued to claim he was not guilty and had not committed rape, arguing that because Gisèle Pelicot’s husband had allowed him into the residence, his actions had been justifiable.

The jury in the Nîmes appeals court was presented with recorded footage of Gisèle Pelicot’s unresponsive form, sedated and breathing heavily in a deep sleep, while a smiling Dogan committed rape multiple times over a timeframe of what authorities reported was several hours. The judge said she had been at danger of fatal outcome by suffocation. The prosecution said there was no doubt that she had been incapacitated and had not given permission.

Accused's Testimony

The defendant stated to the court the footage were simply “sex scenes” and denied it was violation. He said what he did was “an intimate behavior”, not assault. He told the court: “I did not commit rape.” He said the victim's husband had allowed him to the home, and therefore it was permissible. He said he was deceived by the husband. “I attempted to cease,” the accused stated to the court. “I proceeded because he reassured me.”

Questioned if he wanted to make a final statement to the court, Dogan said: “I did not intend to harm that individual.”

Survivor's Statement

Gisèle Pelicot, who was cheered upon leaving court each day by onlookers present to stand with her, told the defendant in court: “You do not grasp. When will you acknowledge you violated me? It is illegal to rape an incapacitated woman. When did I ever give you consent? Never.”

Gisèle Pelicot, 72, became an international feminist hero after she relinquished her right to privacy in the trial last year when she said: “Shame must change sides.”

State's Argument

Sie, speaking to Gisèle Pelicot in court, said Dogan’s unwillingness to take blame showed that: “Guilt has not shifted. The community is maybe in the midst of that, maybe propelled by the collective awareness spurred by the exposure of your ordeal.”

The prosecutor said Dogan’s claims of blamelessness showed how societal tolerance was still common in society as part of “archaic” forms of “patriarchal control”. He said: “We need to change the culture of violence to a culture of consent.”

The prosecutor told Dogan: “While you refuse to admit it, it’s not just a woman, it’s an whole disturbing societal structure that you are endorsing.”

Personal History

Dogan was originated from the country of Turkey and at the age of 5 moved to France, where his father worked as a caretaker. The evidence indicated that his father was violent and that the defendant began smoking cannabis at the age of 10. When he was 17 he was stopped by police for selling narcotics and his parent kicked him out of home. He served time in prison for drug dealing in his early 20s and had worked as a laborer but had faced periods of homelessness.

He was wed and had a son with a genetic condition, who he was the primary guardian for, as his wife worked in a school canteen. The testimony revealed his spouse did not know he had repeated sexual encounters outside their union. His legal team said this was his way of coping with his challenging existence. Dogan had told a evaluator that annually he engaged in commercial sex on his birthday. His attorneys told the court he had arthritis resulting from the anxiety of the first trial.