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

A man has been found guilty on retrial of sexually assaulting Gisele Pelicot following she was rendered comatose by her spouse – and was given his jail term increased to ten years.

Retrial Proceedings

The defendant, forty-four, an out-of-work construction worker, who had appealed his first conviction last year, faced a retrial this week at the Nîmes court of appeal.

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

The evidence showed that Dogan, a family man, reached out to Gisèle Pelicot’s spouse, Dominique Pelicot, in an internet forum titled “without her knowledge”, where Pelicot was looking for men to come to his home to assault his wife once he had drugged her into a deep sleep.

We expect the court will affirm that in this nation, human rights are also rights of women – that consent is personal, not delegated,” declared Gisèle Pelicot’s lawyer, Antoine Camus. “Agreement is obtained directly and not through someone else from a husband.”

Context

The husband, a notorious sex offenders in recent French history, was handed a sentence to twenty years in prison last year for sedating his wife at the time and bringing in dozens of men to sexually assault her in her home in the community of Mazan over a duration of many years of their marriage.

Fifty other men were found convicted in a widely publicized trial last year, and Dogan was the only man to contest his conviction. He was first given a sentence to nine years in prison, a penalty increased on Thursday to 10 years.

The state's attorney, the prosecutor, had contended he should serve twelve years, because he “stubbornly rejects to take any accountability”.

Testimony and Proof

Dogan had initially sent Dominique Pelicot graphic images and then driven an hour from his village in the region to assault the victim, after informing his wife he was stepping out, the evidence indicated.

Pelicot, who was brought from solitary confinement in prison to temporarily provide testimony at the appeal trial, informed the court that Dogan had known his wife had been “incapacitated” and he said to men by phone: “I’m looking for someone to violate my wife after I’ve rendered her unconscious without her knowledge.”

The trial became a key topic for a wider discussion on sexual violence norms in society as the defendant continued to say he was not guilty and had not perpetrated assault, arguing that because the victim's husband had allowed him into the room, his actions had been permissible.

The panel in the higher court was shown video evidence of the victim's limp body, sedated and snoring in a comatose state, while a smiling the perpetrator performed assault multiple times over a period of what authorities reported was 3.5 hours. The judge said she had been at peril of fatal outcome by choking. The prosecution said there was absolute certainty that she had been unaware and had not given permission.

Accused's Testimony

The defendant told the court the footage were simply “sex scenes” and rejected it was assault. 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 home, and therefore it was acceptable. He said he was influenced by Dominique Pelicot. “I tried to halt,” the accused told the court. “I carried on because he persuaded me.”

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

Victim's Response

The survivor, who was cheered upon leaving court each day by supporters gathered to support her, told Dogan in court: “You fail to comprehend. When will you admit you violated me? It is unlawful to rape an unconscious woman. At what point did I give you permission? At no time.”

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

State's Argument

The prosecutor, addressing the victim in court, said Dogan’s unwillingness to take blame showed that: “Shame has not yet changed sides. Society is possibly in the course of that, maybe driven by the collective awareness brought by the revelation of your situation.”

Sie said the defendant's claims of non-guilt showed how societal tolerance was still widespread in society as part of “outdated” 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: “For as much as you deny it, it’s not just a woman, it’s an whole disturbing societal structure that you are upholding.”

Personal History

Dogan was born in the country of Turkey and at the age of five came to France, where his parent worked as a building manager. The testimony revealed that his parent was abusive and that the defendant began consuming marijuana at the age of ten. When Dogan was 17 he was caught by authorities for drug trafficking and his father kicked him out the family house. He served time in prison for narcotics offenses in his twenties and had worked as a builder but had faced periods of homelessness.

He was wed and had a son with special needs, who he was the primary guardian for, as his spouse worked in a institution's dining hall. The evidence showed his spouse did not know he had frequent intimate relations outside their marriage. His defence said this was his method of dealing with his challenging existence. Dogan had told a evaluator that once a year he looked for commercial sex on his special day. His lawyers told the court he had arthritis triggered by the pressure of the original case.