French Appeal Court Uphighers Jail Time for Gisèle Pelicot Assailant

An individual has been found guilty on retrial of sexually assaulting Gisèle Pelicot after she was rendered comatose by her husband – and has had his jail term raised to a decade.

Higher Court Case

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

A jury of five men and four women, sitting with three judges, ruled against Dogan on Thursday of sexually assaulting Pelicot in her residence in Provence in the morning of June 29, 2019.

The testimony revealed that Dogan, a married father, connected with Gisèle Pelicot’s husband at the time, Dominique Pelicot, in an online chatroom named “without her knowledge”, where Pelicot was seeking men to enter his residence to assault his wife once he had drugged her into a comatose state.

We trust the panel will affirm that in this society, fundamental rights are also women’s rights – that agreement is personal, not delegated,” stated Gisèle Pelicot’s lawyer, her legal representative. “Consent is received personally and not via a representative from a husband.”

Background

Dominique Pelicot, among the most severe sexual predators in modern French history, was sentenced to 20 years in prison last year for sedating his then wife and bringing in multiple perpetrators to sexually assault her in her home in the Provence village of the village of Mazan over a span of many years of their marriage.

Dozens of additional defendants were found guilty in a high-profile trial last year, and the appellant was the sole individual to contest his sentence. He was first sentenced to 9 years in prison, a sentence raised on Thursday to ten years.

The chief prosecutor, the prosecutor, had stated he should serve 12 years, because he “absolutely refuses to take any responsibility”.

Courtroom Details

The defendant had initially sent Dominique Pelicot sexually explicit photos and then driven an hour from his village in Provence to assault Gisèle Pelicot, after notifying his wife he was leaving, the court heard.

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

The proceedings became a key topic for a wider discussion on rape culture in society as Dogan continued to assert he was innocent and had not engaged in violation, arguing that because Gisèle Pelicot’s husband had invited him into the residence, his behavior had been justifiable.

The jury in the Nîmes appeals court was displayed recorded footage of Gisèle Pelicot’s unconscious figure, unconscious and breathing heavily in a deep sleep, while a smiling the perpetrator committed rape on several occasions over a period of what investigators stated was 3.5 hours. The presiding judge said she had been at danger of death by asphyxiation. The state's case said there was no doubt that she had been unconscious and had not given permission.

Dogan's Claims

Dogan told the court the videos were simply “intimate moments” and denied it was violation. He said what he did was “a consensual activity”, not assault. He declared the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had invited him to the residence, and therefore it was OK. He said he was deceived by Dominique Pelicot. “I wanted to stop,” Dogan informed the court. “I proceeded because he persuaded me.”

Inquired if he wanted to make a final statement to the court, Dogan said: “I did not intend to injure that lady.”

Pelicot's Words

The survivor, who was applauded upon departing the trial each day by supporters assembled to stand with her, told Dogan in court: “You do not grasp. When will you acknowledge you assaulted me? It is unlawful to assault an incapacitated woman. At what point did I give you permission? Not once.”

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

State's Argument

The prosecutor, addressing Gisèle Pelicot in court, said Dogan’s refusal to take accountability showed that: “The shame remains. The community is perhaps in the course of that, maybe motivated by the societal understanding spurred by the revelation of your ordeal.”

Sie said the defendant's claims of blamelessness showed how rape culture was still prevalent in society as part of “archaic” forms of “gender-based power”. He said: “Now we must change rape culture to a ethos of permission.”

Sie told the defendant: “For as much as you deny it, it’s not just a person, it’s an complete unpleasant cultural framework that you are supporting.”

Defendant's Background

Dogan was originated from Turkey and at the age of 5 moved to France, where his parent worked as a concierge. The court heard that his parent was abusive and that the defendant began using drugs at the age of 10. When Dogan was seventeen he was stopped by authorities for drug trafficking and his parent evicted him of home. He was incarcerated in prison for drug dealing in his young adulthood and had worked as a builder but had faced periods of homelessness.

He was married and had a child with Down’s syndrome, who he was the primary guardian for, as his wife worked in a institution's dining hall. The evidence showed his spouse did not know he had repeated extramarital activities beyond their marriage. His defence said this was his strategy for managing with his difficult circumstances. Dogan had stated to a mental health expert that annually he sought commercial sex on his birthday. His legal representatives stated to the court he had a medical condition triggered by the anxiety of the initial proceedings.