French Appeal Tribunal Raises Jail Time for Gisele Pelicot Assailant

A defendant was convicted on appeal of raping Gisele Pelicot after she was rendered comatose by her then-husband – and has had his prison sentence extended to ten years.

Higher Court Case

The defendant, forty-four, an out-of-work construction worker, who had appealed his initial guilty verdict last year, experienced a appeal hearing this week at the appeals court in Nîmes.

A jury of five men and four women, sitting with three judges, found Dogan guilty on Thursday of sexually assaulting the victim in her home in Provence in the early hours of 29 June 2019.

The evidence showed that Dogan, a family man, made contact with Gisèle Pelicot’s spouse, Dominique Pelicot, in an online chatroom named “unbeknownst to her”, where the husband was recruiting men to visit his house to assault his wife after he had drugged her into a unconscious state.

We trust the jury will declare that in this society, human rights are also rights of women – that agreement is personal, not transferred,” declared the victim's lawyer, Antoine Camus. “Permission is secured directly and not via a representative from a spouse.”

Context

The husband, one of the worst sexual predators in modern French history, was given a prison term to 20 years in prison last year for sedating his then wife and bringing in dozens of men to rape her in her home in the Provence village of the village of Mazan over a span of many years of their marriage.

Numerous other individuals were found convicted in a notable trial last year, and the appellant was the single defendant to contest his sentence. He was originally given a sentence to 9 years in prison, a penalty increased on Thursday to ten years.

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

Evidence Presented

The defendant had initially sent Dominique Pelicot graphic images and then driven an hour from his village in Provence to rape the victim, after telling his wife he was stepping out, the evidence indicated.

The ex-husband, who was brought from isolation in prison to temporarily provide testimony at the hearing, stated to the court that the accused had been aware his wife had been “incapacitated” and he told to men by phone: “I’m looking for someone to abuse my wife after I’ve sedated her without her knowledge.”

The trial became a central issue for a broader debate on sexual violence norms in society as the defendant continued to claim he was not guilty and had not committed rape, arguing that because the victim's husband had invited him into the room, his behavior had been justifiable.

The jury in the higher court was displayed visual proof of Gisèle Pelicot’s unresponsive form, sedated and snoring in a deep sleep, while a smiling the perpetrator engaged in violation multiple times over a duration of what investigators stated was 3.5 hours. The presiding judge said she had been at peril of fatal outcome by suffocation. The state's case said there was no doubt that she had been unconscious and had not consented.

Defendant's Statements

Dogan told the court the recordings were simply “sex scenes” and denied it was violation. He said what he did was “a consensual activity”, not assault. He stated the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had invited him to the house, and therefore it was OK. He said he was manipulated by Dominique Pelicot. “I attempted to cease,” Dogan stated to the court. “I carried on because he persuaded me.”

Inquired if he wanted to make a closing remarks to the court, the defendant said: “I never wanted to hurt that woman.”

Survivor's Statement

The survivor, who was applauded upon departing the trial each day by supporters present to back her, said to Dogan in court: “You do not grasp. When will you admit you violated me? It is illegal to rape an unconscious woman. How could I have give you permission? Not once.”

Gisèle Pelicot, 72, became an global icon after she gave up her right to confidentiality in the trial last year when she said: “The shame should shift.”

Prosecutor's Remarks

The prosecutor, addressing the victim in court, said Dogan’s failure to take responsibility showed that: “Shame has not yet changed sides. The community is perhaps in the course of that, maybe driven by the societal understanding spurred by the publication of your situation.”

Sie said the defendant's claims of innocence showed how normalized violence was still prevalent in society as part of “archaic” forms of “male domination”. He said: “We need to change rape culture to a ethos of permission.”

Sie said to Dogan: “For as much as you deny it, it’s not just a person, it’s an complete disturbing societal structure that you are supporting.”

Defendant's Background

The accused was originated from the country of Turkey and at the age of 5 came to the nation of France, where his father worked as a caretaker. The testimony revealed that his father was aggressive and that Dogan began using drugs aged 10. When Dogan was 17 he was caught by authorities for dealing drugs and his parent forced him to leave the family house. He spent time in prison for narcotics offenses in his young adulthood and had worked as a builder but had undergone periods of living on the streets.

He was wed and had a child with special needs, who he was the main caregiver for, as his spouse worked in a educational cafeteria. The testimony revealed his wife did not know he had frequent sexual encounters outside their marriage. His legal team said this was his method of dealing with his challenging existence. The defendant had stated to a evaluator that each year he sought commercial sex on his special day. His attorneys told the court he had arthritis triggered by the pressure of the original case.