France's Higher Court Increases Prison Term for Gisèle Pelicot Perpetrator

A defendant was convicted on appeal of sexually assaulting Gisèle Pelicot after she was sedated by her husband – and has had his jail term raised to ten years.

Higher Court Case

The defendant, forty-four, an out-of-work construction worker, who had challenged his initial guilty verdict last year, underwent a retrial this week at the Nîmes court of appeal.

A jury of nine jurors, sitting with three judges, convicted Dogan on Thursday of sexually assaulting the victim in her home in the south of France in the morning of 29 June 2019.

The evidence showed that the accused, a married father, made contact with Gisèle Pelicot’s spouse, the husband, in an online chatroom titled “without her consent”, where the husband was recruiting men to visit his house to assault his wife once he had sedated her into a deep sleep.

We expect the panel will declare that in this nation, fundamental rights are also women’s rights – that agreement is personal, not delegated,” said the victim's attorney, Antoine Camus. “Permission is secured personally and not through someone else from a husband.”

Case History

The husband, a notorious sexual predators in recent French history, was given a prison term to two decades in prison last year for incapacitating his wife at the time and bringing in numerous individuals to rape her in her home in the community of Mazan over a period of many years of their marriage.

Fifty other men were found convicted in a widely publicized trial last year, and Dogan was the single defendant to contest his conviction. He was initially handed a term to 9 years in prison, a punishment raised on Thursday to a decade.

The lead state prosecutor, Dominique Sie, had stated he should serve 12 years, because he “absolutely refuses to take any accountability”.

Courtroom Details

Dogan had first sent the husband graphic images and then traveled an hour from his town in the region to rape the victim, after notifying his wife he was leaving, the evidence indicated.

The ex-husband, who was brought from solitary confinement in prison to briefly 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 want someone to violate my wife after I’ve rendered her unconscious unbeknownst to her.”

The trial became a key topic for a larger conversation on rape culture in society as Dogan continued to assert he was not guilty and had not perpetrated assault, contending that because Gisèle Pelicot’s husband had invited him into the room, his actions had been justifiable.

The jury in the Nîmes appeals court was displayed video evidence of Gisèle Pelicot’s unresponsive form, sedated and breathing heavily in a deep sleep, while a grinning Dogan engaged in violation repeatedly over a timeframe of what police said was three and a half hours. The judge said she had been at danger of fatal outcome by choking. The prosecution said there was no question that she had been incapacitated and had not consented.

Accused's Testimony

Dogan stated to the court the videos were simply “intimate moments” and rejected it was assault. He said what he did was “a consensual activity”, not rape. He told 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 the husband. “I attempted to cease,” Dogan stated to the court. “I proceeded because he persuaded me.”

Inquired if he wanted to make a closing remarks to the court, Dogan said: “I did not intend to hurt that individual.”

Pelicot's Words

Gisèle Pelicot, who was applauded upon exiting the courtroom each day by supporters present to back her, told the defendant in court: “You do not grasp. When will you acknowledge you raped me? It’s a crime to rape an incapacitated woman. When did I ever give you consent? Not once.”

The victim, seventy-two, became an international feminist hero after she gave up her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”

Legal Commentary

Sie, turning to the victim in court, said the defendant's unwillingness to take blame showed that: “The shame remains. The public is possibly in the process of that, perhaps propelled by the public consciousness brought by the exposure of your situation.”

The prosecutor said the defendant's claims of blamelessness showed how societal tolerance was still prevalent in society as part of “outdated” forms of “male domination”. He said: “Now we must change the culture of violence to a culture of consent.”

Sie said to the defendant: “As long as you reject it, it’s not just a person, it’s an whole disturbing societal structure that you are upholding.”

Defendant's Background

Dogan was originated from Turkey and at the age of 5 came to France, where his father worked as a caretaker. The testimony revealed that his parent was aggressive and that the defendant began smoking cannabis aged ten. When he was 17 he was caught by police for selling narcotics and his parent evicted him the residence. He served time in prison for narcotics offenses in his early 20s and had worked as a builder but had experienced periods of homelessness.

He was married and had a child with a genetic condition, who he was the principal carer for, as his spouse worked in a educational cafeteria. The evidence showed his spouse did not know he had regular sexual encounters beyond their union. His legal team said this was his method of dealing with his challenging existence. Dogan had told a court psychologist that each year he looked for paid sex on his special day. His lawyers stated to the court he had a medical condition resulting from the anxiety of the first trial.