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

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

Appeal Trial

Dogan, 44, an out-of-work construction worker, who had challenged his first conviction last year, faced a appeal hearing this week at the appeals court in Nîmes.

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

The evidence showed that the accused, a family man, made contact with Gisèle Pelicot’s spouse, Dominique Pelicot, in an internet forum titled “unbeknownst to her”, where the husband was recruiting men to visit his house to rape his wife after he had rendered her unconscious into a comatose state.

We trust the panel will say loud and clear that in this society, human rights are also women’s rights – that agreement is individual, not given by another,” stated the victim's lawyer, her legal representative. “Consent is received personally and not through someone else from a spouse.”

Case History

The ex-husband, one of the worst sex offenders in modern French history, was handed a sentence to twenty years in prison last year for incapacitating his spouse and soliciting numerous individuals to sexually assault her in her home in the community of Mazan over a period of many years of their marriage.

Numerous other individuals were found guilty in a notable trial last year, and Dogan was the single defendant to appeal against his conviction. He was originally given a sentence to nine years in prison, a punishment raised on Thursday to a decade.

The lead state prosecutor, Dominique Sie, had stated he should serve twelve years, because he “stubbornly rejects to take any responsibility”.

Courtroom Details

The defendant had first sent the husband graphic images and then traveled an hour from his town in the region to rape the victim, after informing his wife he was stepping out, the court heard.

The ex-husband, who was brought from segregation in prison to briefly testify at the retrial, told the court that the accused had known his wife had been “incapacitated” and he communicated to men by phone: “I want someone to violate my wife after I’ve sedated her without her knowledge.”

The courtroom became a central issue for a wider discussion on rape culture in society as Dogan continued to assert he was not guilty and had not committed rape, arguing that because the victim's husband had welcomed him into the room, his conduct had been permissible.

The panel in the higher court was shown visual proof of Gisèle Pelicot’s limp body, unconscious and breathing heavily in a deep sleep, while a grinning the perpetrator engaged in violation on several occasions over a timeframe of what authorities reported was several hours. The judge said she had been at danger of fatal outcome by asphyxiation. The state's case said there was no question that she had been unaware and had not consented.

Defendant's Statements

Dogan informed the court the videos were simply “sexual encounters” and denied it was violation. He said what he did was “a sexual act”, not assault. He stated the court: “I am innocent of assault.” He said the victim's husband had allowed him to the house, and therefore it was acceptable. He said he was influenced by the husband. “I wanted to stop,” the accused stated to the court. “I continued because he reassured me.”

Questioned if he wanted to make a final statement to the court, Dogan said: “I never wanted to injure that lady.”

Victim's Response

The victim, who was cheered upon exiting the courtroom each day by supporters gathered to stand with her, said to Dogan in court: “You fail to comprehend. When are you going to recognise you raped me? It is unlawful to assault an unconscious woman. How could I have give you agreement? Never.”

Gisèle Pelicot, seventy-two, became an global icon after she gave up her right to privacy in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

The prosecutor, speaking to Gisèle Pelicot in court, said the defendant's failure to take accountability showed that: “Shame has not yet changed sides. Society is possibly in the course of that, perhaps driven by the collective awareness spurred by the exposure of your situation.”

Sie said the defendant's claims of blamelessness showed how normalized violence was still common in society as part of “outdated” forms of “gender-based power”. He said: “We need to change rape culture to a society based on agreement.”

Sie said to Dogan: “For as much as you deny it, it’s not just a person, it’s an entire disturbing social system that you are endorsing.”

Biographical Details

The accused was originated from the country of Turkey and at the age of five moved to France, where his parent worked as a building manager. The court heard that his father was violent and that the defendant began consuming marijuana aged 10. When Dogan was 17 he was apprehended by authorities for drug trafficking and his father forced him to leave of home. He served time in prison for narcotics offenses in his twenties and had worked as a laborer but had experienced periods of being unhoused.

He was wed and had a child with Down’s syndrome, who he was the principal carer for, as his spouse worked in a educational cafeteria. The evidence showed his wife did not know he had regular extramarital activities beyond their marriage. His legal team said this was his way of coping with his difficult circumstances. Dogan had stated to a court psychologist that once a year he engaged in transactional encounters on his birthday. His lawyers told the court he had joint inflammation triggered by the stress of the first trial.