France's Higher Tribunal Raises Prison Term for Gisele Pelicot Assailant

An individual has been found guilty on appeal of sexually assaulting Gisele Pelicot following she was rendered comatose by her husband – and has had his prison sentence extended to 10 years.

Higher Court Case

The defendant, 44, an unemployed builder, who had appealed his first conviction last year, faced a new trial 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 Pelicot in her bedroom in the south of France in the early hours of June 29, 2019.

The court heard that Dogan, a married father, made contact with Gisèle Pelicot’s spouse, the husband, in an internet forum called “unbeknownst to her”, where the husband was seeking men to enter his residence to rape his wife once he had drugged her into a comatose state.

“We hope the panel will declare that in this country, human rights are also rights of women – that permission is personal, not transferred,” stated Gisèle Pelicot’s lawyer, her legal representative. “Agreement is received directly and not through someone else from a husband.”

Case History

Dominique Pelicot, among the most severe sexual predators in modern French history, was given a prison term to two decades in prison last year for incapacitating his spouse and inviting dozens of men to rape her in her home in the community of Mazan over a span of almost a decade of their union.

Fifty other men were found convicted in a widely publicized trial last year, and Dogan was the only man to appeal against his sentence. He was originally given a sentence to 9 years in prison, a punishment raised on Thursday to 10 years.

The lead state prosecutor, Dominique Sie, had contended he should serve 12 years, because he “completely denies to take any blame”.

Courtroom Details

Dogan had first sent Dominique Pelicot inappropriate pictures and then driven an hour from his town in Provence to rape the victim, after informing his wife he was leaving, the court heard.

Pelicot, who was brought from segregation in prison to temporarily testify at the retrial, informed the court that the accused had been aware his wife had been “sedated” and he told to men by phone: “I’m looking for someone to abuse my wife after I’ve put her to sleep without her consent.”

The courtroom became a key topic for a wider discussion on rape culture in society as the defendant continued to assert he was not guilty and had not committed rape, stating that because Gisèle Pelicot’s husband had invited him into the residence, his actions had been acceptable.

The panel in the Nîmes appeals court was shown recorded footage of Gisèle Pelicot’s unresponsive form, sedated and breathing heavily in a comatose state, while a smiling the perpetrator engaged in violation multiple times over a period of what authorities reported was 3.5 hours. The court official said she had been at risk of death by choking. The state prosecution said there was no question that she had been unconscious and had not given permission.

Defendant's Statements

Dogan stated to the court the footage were simply “sex scenes” and rejected 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 acceptable. He said he was influenced by Dominique Pelicot. “I tried to halt,” the accused informed the court. “I proceeded because he convinced me.”

Inquired if he wanted to make a final statement to the court, Dogan said: “I had no desire to harm that lady.”

Survivor's Statement

The victim, who was applauded upon exiting the courtroom each day by supporters gathered to support her, said to Dogan in court: “You haven’t understood. When will you acknowledge you raped me? It is unlawful to assault an unaware woman. At what point did I give you agreement? At no time.”

The victim, 72, became an symbol of resistance after she relinquished her right to confidentiality in the trial last year when she said: “The shame should shift.”

Prosecutor's Remarks

The prosecutor, addressing Gisèle Pelicot in court, said Dogan’s unwillingness to take accountability showed that: “Guilt has not shifted. The public is possibly in the course of that, possibly propelled by the collective awareness resulting from the exposure of your case.”

The prosecutor said Dogan’s claims of innocence showed how normalized violence was still common in society as part of “old-fashioned” forms of “male domination”. He said: “We need to change the culture of violence to a ethos of permission.”

Sie addressed the defendant: “For as much as you reject it, it’s not just a person, it’s an entire unpleasant social system that you are endorsing.”

Biographical Details

The accused was originated from Turkey and at the age of five moved to the nation of France, where his parent worked as a concierge. The evidence indicated that his father was abusive and that the defendant began using drugs at the age of ten. When he was seventeen he was stopped by authorities for drug trafficking and his father forced him to leave the residence. He was incarcerated 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 child with special needs, who he was the main caregiver for, as his wife worked in a educational cafeteria. The court heard his spouse did not know he had frequent intimate relations outside their marriage. 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 sought paid sex on his special day. His attorneys stated to the court he had a medical condition caused by the pressure of the initial proceedings.