France's Appeal Court Raises Sentence for Gisele Pelicot Perpetrator

A defendant has been found guilty on retrial of sexually assaulting Gisèle Pelicot following she was drugged unconscious by her husband – and received his jail term increased to a decade.

Higher Court Case

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

A jury of five men and four women, sitting with three judges, convicted Dogan on Thursday of raping Pelicot in her home in the south of France in the early hours of 29 June 2019.

The court heard that Dogan, a family man, reached out to Gisèle Pelicot’s spouse, the husband, in an internet forum titled “without her knowledge”, where Pelicot was looking for men to enter his residence to assault his wife once he had sedated her into a comatose state.

We expect the court will affirm that in this nation, human rights are also women’s rights – that permission is personal, not transferred,” said Gisèle Pelicot’s attorney, her legal representative. “Permission is secured personally and not via a representative from a husband.”

Case History

The husband, one of the worst sexual predators in recent French history, was given a prison term to two decades in prison last year for drugging his spouse and soliciting numerous individuals to sexually assault her in her home in the Provence village of Mazan over a period of almost a decade of their marriage.

Dozens of additional defendants were found culpable in a widely publicized trial last year, and the appellant was the sole individual to appeal against his verdict. He was first given a sentence to nine years in prison, a sentence enhanced on Thursday to a decade.

The chief prosecutor, the prosecutor, had stated he should serve twelve years, because he “completely denies to take any responsibility”.

Courtroom Details

The defendant had first sent the husband inappropriate pictures and then driven an hour from his village in the region to assault the victim, after notifying his wife he was stepping out, the court heard.

Pelicot, who was brought from segregation in prison to temporarily provide testimony at the hearing, stated to the court that the accused had known his wife had been “sedated” and he communicated to men by phone: “I want 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 claim he was innocent and had not engaged in violation, stating that because Gisèle Pelicot’s husband had welcomed him into the residence, his behavior had been permissible.

The jury in the higher court was displayed recorded footage of Gisèle Pelicot’s limp body, unconscious and snoring in a comatose state, while a smiling the perpetrator committed rape on several occasions over a duration of what authorities reported was three and a half hours. The court official said she had been at risk of death by asphyxiation. The state prosecution said there was absolute certainty that she had been unaware and had not consented.

Accused's Testimony

The defendant told the court the videos were simply “sex scenes” and rejected it was rape. He said what he did was “an intimate behavior”, not rape. 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 acceptable. He said he was manipulated by the husband. “I wanted to stop,” the accused informed the court. “I carried on because he reassured me.”

Questioned if he wanted to make a closing remarks to the court, the defendant said: “I never wanted to injure that individual.”

Survivor's Statement

The survivor, who was applauded upon exiting the courtroom each day by crowds present to stand with her, told the defendant in court: “You do not grasp. When will you admit you violated me? It’s a crime to rape an incapacitated woman. How could I have give you consent? At no time.”

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

Prosecutor's Remarks

The prosecutor, addressing Gisèle Pelicot in court, said the defendant's failure to take accountability showed that: “The shame remains. Society is maybe in the process of that, possibly driven by the collective awareness brought by the publication of your case.”

The prosecutor said the defendant's claims of non-guilt showed how normalized violence 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 culture of consent.”

Sie addressed the defendant: “While you refuse to admit it, it’s not just a woman, it’s an whole unpleasant cultural framework that you are supporting.”

Defendant's Background

Dogan was born in the country of Turkey and at the age of 5 came to the nation of France, where his father worked as a building manager. The testimony revealed that his father was abusive and that the defendant began smoking cannabis aged 10. When he was 17 he was caught by authorities for dealing drugs and his father kicked him out the residence. He spent time in prison for narcotics offenses in his early 20s and had worked as a laborer but had undergone periods of homelessness.

He was married and had a child with special needs, who he was the principal carer for, as his wife worked in a school canteen. The evidence showed his spouse did not know he had regular extramarital activities outside their union. His legal team said this was his method of dealing with his challenging existence. The defendant had informed a mental health expert that once a year he engaged in commercial sex on his special day. His legal representatives told the court he had a medical condition triggered by the stress of the original case.