French Higher Tribunal Raises Prison Term for Gisele Pelicot Rapist

A defendant was convicted on appeal of raping Gisele Pelicot following she was rendered comatose by her spouse – and was given his jail term raised to 10 years.

Higher Court Case

The defendant, forty-four, an unemployed builder, who had contested his initial guilty verdict last year, faced a new trial this week at the higher court in Nîmes.

A panel of four women and five men, joined by three judges, found Dogan guilty on Thursday of sexually assaulting Pelicot in her bedroom in southern France in the morning of 29 June 2019.

The evidence showed that Dogan, a married father, connected with the victim's spouse, the husband, in an internet forum titled “without her knowledge”, where the husband was recruiting men to visit his house to rape his wife once he had drugged her into a comatose state.

We expect the panel will say loud and clear that in this country, fundamental rights are also women’s rights – that agreement is individual, not delegated,” stated Gisèle Pelicot’s lawyer, her legal representative. “Agreement is secured directly and not via a representative from a husband.”

Context

Dominique Pelicot, among the most severe sexual predators in modern French history, was handed a sentence to 20 years in prison last year for incapacitating his spouse and bringing in dozens of men to rape her in her home in the Provence village of the village of Mazan over a period of nearly ten years of their marriage.

Fifty other men were found culpable in a high-profile trial last year, and Dogan was the sole individual to appeal against his verdict. He was originally handed a term to nine years in prison, a punishment enhanced on Thursday to 10 years.

The state's attorney, the prosecutor, had contended he should serve 12 years, because he “completely denies to take any blame”.

Courtroom Details

The defendant had initially sent Dominique Pelicot graphic images and then driven an hour from his residence in the region to assault Gisèle Pelicot, after informing his wife he was going out, the evidence indicated.

The ex-husband, who was transported from segregation in prison to briefly provide testimony at the hearing, informed the court that Dogan had been aware 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 consent.”

The trial became a central issue for a wider discussion on sexual violence norms in society as Dogan continued to say he was blameless and had not committed rape, arguing that because the victim's husband had invited him into the residence, his conduct had been permissible.

The panel in the Nîmes appeals court was displayed visual proof of Gisèle Pelicot’s unconscious figure, sedated and breathing heavily in a deep sleep, while a grinning the perpetrator committed rape repeatedly over a duration of what investigators stated was three and a half hours. The presiding judge said she had been at risk of death by choking. The state's case said there was no question that she had been unaware and had not consented.

Dogan's Claims

The defendant stated to the court the footage were simply “sex scenes” and disputed it was assault. He said what he did was “an intimate behavior”, not assault. He declared the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had allowed him to the home, and therefore it was permissible. He said he was manipulated by Dominique Pelicot. “I tried to halt,” the accused informed the court. “I proceeded because he persuaded me.”

Questioned if he wanted to make a last words to the court, Dogan said: “I had no desire to hurt that individual.”

Survivor's Statement

The survivor, who was cheered upon exiting the courtroom each day by supporters assembled to stand with her, told the defendant in court: “You fail to comprehend. When are you going to recognise you raped me? It’s a crime to rape an incapacitated woman. At what point did I give you permission? At no time.”

The victim, seventy-two, became an global icon after she relinquished her right to privacy in the trial last year when she said: “The shame should shift.”

Prosecutor's Remarks

Sie, speaking to the victim in court, said Dogan’s unwillingness to take blame showed that: “The shame remains. Society is possibly in the midst of that, possibly driven by the collective awareness spurred by the revelation of your case.”

The prosecutor said the defendant's claims of blamelessness showed how normalized violence was still prevalent in society as part of “old-fashioned” forms of “gender-based power”. He said: “It is imperative to change the culture of violence to a ethos of permission.”

Sie told the defendant: “For as much as you deny it, it’s not just a woman, it’s an whole sordid social system that you are endorsing.”

Biographical Details

Dogan was originated from the country of Turkey and at the age of 5 relocated to France, where his father worked as a concierge. The testimony revealed that his parent was aggressive and that the defendant began consuming marijuana aged ten. When he was 17 he was apprehended by authorities for selling narcotics and his father forced him to leave the family house. He served 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 a genetic condition, who he was the main caregiver for, as his wife worked in a school canteen. The evidence showed his spouse did not know he had frequent intimate relations beyond their marriage. His defence said this was his method of dealing with his difficult circumstances. Dogan had told a mental health expert that each year he sought paid sex on his birthday. His lawyers informed the court he had a medical condition caused by the anxiety of the original case.