France's Higher Tribunal Increases Prison Term for Gisele Pelicot Rapist

An individual was convicted on higher court review of raping Gisèle Pelicot after she was rendered comatose by her spouse – and has had his jail term extended to a decade.

Retrial Proceedings

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

A jury of four women and five men, accompanied by three judges, convicted Dogan on Thursday of sexually assaulting the victim in her home in southern France in the early hours of 29 June 2019.

The court heard that Dogan, a married father, connected with the victim's husband at the time, Dominique Pelicot, in an internet forum named “without her knowledge”, where the husband was seeking men to come to his home to rape his wife once he had sedated her into a unconscious state.

We trust the panel will affirm that in this nation, fundamental rights are also women’s rights – that consent is personal, not transferred,” stated Gisèle Pelicot’s attorney, her legal representative. “Permission is obtained personally and not via a representative from a husband.”

Context

The husband, a notorious sex offenders in modern French history, was sentenced to 20 years in prison last year for sedating his wife at the time and inviting numerous individuals to sexually assault her in her home in the town of Mazan over a period of nearly ten years of their marriage.

Fifty other men were found guilty in a notable trial last year, and the appellant was the sole individual to contest his conviction. He was originally sentenced to nine years in prison, a punishment raised on Thursday to ten years.

The chief prosecutor, Dominique Sie, had contended he should serve 12 years, because he “absolutely refuses to take any blame”.

Courtroom Details

The defendant had first sent the husband graphic images and then traveled an hour from his residence in Provence to assault the victim, after notifying his wife he was going out, the court heard.

The ex-husband, who was brought from isolation in prison to briefly provide testimony at the retrial, told the court that Dogan had known his wife had been “incapacitated” and he communicated to men by phone: “I’m looking for someone to violate my wife after I’ve put her to sleep without her consent.”

The courtroom became a key topic for a wider discussion on sexual violence norms in society as Dogan continued to assert he was innocent and had not engaged in violation, stating that because Gisèle Pelicot’s husband had welcomed him into the residence, his conduct had been justifiable.

The jury in the Nîmes appeals court was displayed recorded footage of the victim's unresponsive form, unconscious and breathing heavily in a unconscious condition, while a smiling Dogan committed rape repeatedly over a timeframe of what investigators stated was several hours. The judge said she had been at peril of death by suffocation. The prosecution said there was no question that she had been incapacitated and had not given permission.

Accused's Testimony

Dogan stated to the court the footage were simply “intimate moments” and denied it was violation. He said what he did was “a consensual activity”, not rape. He declared the court: “I never raped.” He said the victim's husband had brought him to the residence, and therefore it was permissible. He said he was influenced by Dominique Pelicot. “I attempted to cease,” the accused informed the court. “I continued because he reassured me.”

Inquired if he wanted to make a final statement to the court, Dogan said: “I did not intend to hurt that woman.”

Victim's Response

Gisèle Pelicot, who was applauded upon departing the trial each day by onlookers gathered to stand with her, addressed Dogan in court: “You fail to comprehend. When will you acknowledge you raped me? It’s a crime to rape an unconscious woman. At what point did I give you permission? Not once.”

Gisèle Pelicot, 72, became an international feminist hero after she relinquished her right to privacy in the trial last year when she said: “The shame should shift.”

Prosecutor's Remarks

The prosecutor, speaking to Gisèle Pelicot in court, said the defendant's unwillingness to take responsibility showed that: “Shame has not yet changed sides. The community is maybe in the course of that, maybe motivated by the public consciousness spurred by the exposure of your case.”

Sie said Dogan’s claims of non-guilt showed how normalized violence was still prevalent in society as part of “outdated” forms of “male domination”. He said: “We need to change rape culture to a society based on agreement.”

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

Biographical Details

The accused was born in Turkey and at the age of 5 relocated to France, where his parent worked as a building manager. The court heard that his parent was aggressive and that the defendant began using drugs at the age of ten. When Dogan was 17 he was apprehended by police for selling narcotics and his father evicted him the family house. He served time in prison for narcotics offenses in his twenties and had worked as a laborer but had experienced periods of being unhoused.

He was married and had a son with Down’s syndrome, who he was the primary guardian for, as his wife worked in a educational cafeteria. The court heard his spouse did not know he had regular intimate relations beyond their union. His legal team said this was his strategy for managing with his challenging existence. Dogan had stated to a court psychologist that each year he sought commercial sex on his special day. His legal representatives stated to the court he had joint inflammation triggered by the pressure of the original case.