French Appeal Court Uphighers Sentence for Gisèle Pelicot Perpetrator

A defendant was declared guilty on appeal of sexually assaulting Gisèle Pelicot after she was drugged unconscious by her then-husband – and received his prison sentence increased to ten years.

Higher Court Case

The defendant, 44, an out-of-work construction worker, who had appealed his first conviction last year, experienced a new trial this week at the Nîmes court of appeal.

A panel of nine jurors, accompanied by three judges, found Dogan guilty on Thursday of raping Pelicot in her residence in the south of France in the morning of 29 June 2019.

The court heard that the accused, a married father, reached out to the victim's then husband, the husband, in an online chatroom called “without her consent”, where Pelicot was looking for men to visit his house to rape his wife after he had drugged her into a unconscious state.

We expect the court will declare that in this country, fundamental rights are also rights of women – that agreement is personal, not delegated,” said the victim's attorney, Antoine Camus. “Consent is secured directly and not by proxy from a husband.”

Background

The ex-husband, among the most severe sexual predators in modern 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 community of the village of Mazan over a period of nearly ten years of their union.

Dozens of additional defendants were found convicted in a notable trial last year, and the appellant was the only man to contest his sentence. He was originally given a sentence to 9 years in prison, a sentence enhanced on Thursday to ten years.

The lead state prosecutor, the prosecutor, had contended he should serve twelve years, because he “absolutely refuses to take any accountability”.

Courtroom Details

Dogan had first sent the husband inappropriate pictures and then driven an hour from his residence in the region to rape the victim, after notifying his wife he was leaving, the evidence indicated.

Pelicot, who was transported from segregation in prison to briefly give evidence at the retrial, stated to the court that Dogan had known his wife had been “sedated” and he communicated to men by phone: “I’m looking for someone to violate my wife after I’ve rendered her unconscious unbeknownst to her.”

The trial became a central issue for a broader debate on sexual violence norms in society as the defendant continued to say he was not guilty and had not perpetrated assault, stating that because Gisèle Pelicot’s husband had welcomed him into the room, his conduct had been permissible.

The jury in the higher court was shown recorded footage of Gisèle Pelicot’s unresponsive form, unconscious and breathing heavily in a deep sleep, while a grinning the perpetrator engaged in violation repeatedly over a period of what police said was several hours. The judge said she had been at peril of fatal outcome by suffocation. The state prosecution said there was absolute certainty that she had been incapacitated and had not agreed.

Accused's Testimony

The defendant told the court the videos were simply “intimate moments” and denied it was assault. He said what he did was “an intimate behavior”, not assault. He stated the court: “I did not commit rape.” He said the victim's husband had brought him to the home, and therefore it was permissible. He said he was manipulated by the husband. “I tried to halt,” the accused told the court. “I carried on because he reassured me.”

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

Victim's Response

The survivor, who was supported upon exiting the courtroom each day by supporters assembled to support her, told the defendant in court: “You haven’t understood. When will you admit you assaulted me? It is illegal to rape an unaware woman. At what point did I give you agreement? Never.”

Gisèle Pelicot, seventy-two, became an global icon after she waived her right to privacy in the trial last year when she said: “Guilt ought to transfer.”

State's Argument

Sie, speaking to Gisèle Pelicot in court, said Dogan’s unwillingness to take accountability showed that: “Shame has not yet changed sides. The community is possibly in the midst of that, maybe driven by the societal understanding brought by the exposure of your ordeal.”

The prosecutor said Dogan’s claims of innocence showed how societal tolerance was still prevalent in society as part of “outdated” forms of “gender-based power”. He said: “Now we must change the culture of violence to a ethos of permission.”

The prosecutor addressed the defendant: “While you refuse to admit it, it’s not just a woman, it’s an complete unpleasant social system that you are supporting.”

Defendant's Background

The accused was born in Turkey and at the age of five relocated to the nation of France, where his parent worked as a building manager. The court heard that his parent was violent and that Dogan began smoking cannabis aged ten. When Dogan was seventeen he was stopped by police for selling narcotics and his father kicked him out of home. He spent time in prison for drug dealing in his twenties and had worked as a builder but had undergone periods of being unhoused.

He was wed and had a child with special needs, who he was the main caregiver for, as his spouse worked in a institution's dining hall. The evidence showed his wife did not know he had frequent sexual encounters outside their union. His defence said this was his method of dealing with his difficult circumstances. The defendant had informed a mental health expert that annually he looked for commercial sex on his special day. His attorneys told the court he had joint inflammation resulting from the stress of the original case.