France's Higher Court Uphighers Jail Time for Gisele Pelicot Assailant

A man was declared guilty on higher court review of raping Gisele Pelicot following she was rendered comatose by her husband – and received his incarceration period increased to ten years.

Higher Court Case

Dogan, 44, an unemployed builder, who had contested his initial guilty verdict last year, underwent a retrial this week at the appeals court in Nîmes.

A panel of four women and five men, sitting with three judges, ruled against Dogan on Thursday of sexually assaulting the victim in her bedroom 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, the husband, in an digital platform titled “unbeknownst to her”, where the husband was looking for men to visit his house to rape his wife after he had rendered her unconscious into a unconscious state.

“We hope the court will affirm that in this nation, fundamental rights are also rights of women – that agreement is individual, not given by another,” declared the victim's attorney, Antoine Camus. “Permission is obtained personally and not via a representative from a spouse.”

Case History

The ex-husband, one of the worst sex offenders in recent French history, was handed a sentence to 20 years in prison last year for drugging his wife at the time and inviting multiple perpetrators to sexually assault her in her home in the town of Mazan over a duration of many years of their union.

Dozens of additional defendants were found culpable in a high-profile trial last year, and Dogan was the only man to contest his verdict. He was originally sentenced to 9 years in prison, a punishment raised on Thursday to 10 years.

The lead state prosecutor, the prosecutor, had argued he should serve twelve years, because he “absolutely refuses to take any accountability”.

Testimony and Proof

Dogan had initially sent the husband graphic images and then traveled an hour from his village in Provence to assault the victim, after notifying his wife he was leaving, the testimony revealed.

Pelicot, who was brought from segregation in prison to temporarily give evidence at the hearing, told the court that the accused had understood his wife had been “drugged” and he told to men by phone: “I want someone to assault my wife after I’ve rendered her unconscious unbeknownst to her.”

The proceedings became a central issue for a larger conversation on sexual violence norms in society as the defendant continued to claim he was blameless and had not engaged in violation, arguing that because the victim's husband had welcomed him into the room, his conduct had been acceptable.

The jury in the higher court was shown visual proof of Gisèle Pelicot’s unresponsive form, comatose and breathing heavily in a deep sleep, while a grinning the perpetrator performed assault on several occasions over a timeframe of what authorities reported was several hours. The judge said she had been at risk of death by suffocation. The prosecution said there was absolute certainty that she had been incapacitated and had not agreed.

Dogan's Claims

Dogan told the court the footage were simply “sexual encounters” and disputed it was rape. He said what he did was “an intimate behavior”, not assault. He told the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had invited him to the house, and therefore it was permissible. He said he was influenced by Dominique Pelicot. “I wanted to stop,” Dogan informed the court. “I continued because he persuaded me.”

Questioned if he wanted to make a closing remarks to the court, Dogan said: “I did not intend to harm that woman.”

Victim's Response

The survivor, who was cheered upon departing the trial each day by onlookers present to back her, said to Dogan in court: “You haven’t understood. When will you acknowledge you violated me? It is unlawful to rape an incapacitated woman. When did I ever give you agreement? Never.”

Gisèle Pelicot, seventy-two, became an symbol of resistance after she relinquished her right to anonymity in the trial last year when she said: “Guilt ought to transfer.”

State's Argument

Sie, turning to the victim in court, said the defendant's refusal to take accountability showed that: “Shame has not yet changed sides. Society is possibly in the midst of that, possibly motivated by the societal understanding brought by the exposure of your case.”

Sie said the defendant's claims of non-guilt showed how societal tolerance was still prevalent in society as part of “archaic” forms of “gender-based power”. He said: “It is imperative to change rape culture to a society based on agreement.”

Sie addressed Dogan: “While you deny it, it’s not just a individual, it’s an complete disturbing societal structure that you are supporting.”

Personal History

Dogan was originated from Turkey and at the age of 5 came to France, where his parent worked as a concierge. The testimony revealed that his parent was violent and that the defendant began consuming marijuana at the age of ten. When Dogan was 17 he was stopped by authorities for dealing drugs and his father evicted him the family house. He spent time in prison for drug dealing in his twenties and had worked as a construction worker but had experienced periods of living on the streets.

He was wed and had a son with special needs, who he was the primary guardian for, as his spouse worked in a institution's dining hall. The evidence showed his spouse did not know he had repeated sexual encounters outside their marriage. His legal team said this was his method of dealing with his stressful life. Dogan had told a evaluator that each year he looked for paid sex on his special day. His legal representatives told the court he had arthritis triggered by the anxiety of the original case.