French Appeal Court Increases Jail Time for Gisèle Pelicot Rapist

An individual was convicted on higher court review of raping Gisele Pelicot following she was sedated by her spouse – and has had his incarceration period increased to ten years.

Higher Court Case

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

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

The evidence showed that Dogan, a family man, made contact with Gisèle Pelicot’s spouse, Dominique Pelicot, in an digital platform titled “unbeknownst to her”, where Pelicot was looking for men to enter his residence to rape his wife once he had rendered her unconscious into a comatose state.

We expect the court will affirm that in this society, human rights are also women’s rights – that permission is personal, not transferred,” stated the victim's lawyer, Antoine Camus. “Agreement is secured directly and not by proxy from a husband.”

Case History

The ex-husband, a notorious sex offenders in modern French history, was given a prison term to twenty years in prison last year for incapacitating his wife at the time and inviting dozens of men to rape her in her home in the town of the village of Mazan over a period of many years of their union.

Dozens of additional defendants were found guilty in a high-profile trial last year, and the appellant was the sole individual to appeal against his verdict. He was originally sentenced to nine years in prison, a sentence raised on Thursday to 10 years.

The state's attorney, Dominique Sie, had contended he should serve 12 years, because he “completely denies to take any responsibility”.

Courtroom Details

The defendant had initially sent Dominique Pelicot graphic images and then driven an hour from his town in the region to rape Gisèle Pelicot, after informing his wife he was going out, the testimony revealed.

Pelicot, who was brought from segregation in prison to briefly give evidence at the retrial, told the court that the accused had known his wife had been “drugged” and he communicated to men by phone: “I’m looking for someone to violate my wife after I’ve put her to sleep without her consent.”

The proceedings became a key topic for a larger conversation on sexual violence norms in society as the defendant continued to claim he was not guilty and had not committed rape, stating that because the victim's husband had welcomed him into the room, his behavior had been acceptable.

The panel in the Nîmes appeals court was shown recorded footage of the victim's limp body, unconscious and snoring in a comatose state, while a grinning Dogan committed rape on several occasions over a period of what investigators stated was three and a half hours. The presiding judge said she had been at peril of death by suffocation. The state prosecution said there was no doubt that she had been unconscious and had not consented.

Defendant's Statements

Dogan told the court the footage were simply “intimate moments” and rejected it was violation. He said what he did was “an intimate behavior”, not assault. He declared the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had invited him to the home, and therefore it was acceptable. He said he was influenced by Dominique Pelicot. “I tried to halt,” Dogan informed the court. “I carried on because he persuaded me.”

Inquired if he wanted to make a closing remarks to the court, Dogan said: “I never wanted to harm that lady.”

Victim's Response

The victim, who was cheered upon departing the trial each day by crowds assembled to support her, told Dogan in court: “You fail to comprehend. When will you acknowledge you violated me? It is illegal to assault an unconscious woman. How could I have give you permission? Never.”

Gisèle Pelicot, 72, became an international feminist hero after she relinquished her right to anonymity in the trial last year when she said: “Shame must change sides.”

State's Argument

The prosecutor, addressing Gisèle Pelicot in court, said the defendant's failure to take blame showed that: “Shame has not yet changed sides. The community is possibly in the midst of that, perhaps propelled by the public consciousness resulting from the publication of your ordeal.”

Sie said Dogan’s claims of blamelessness showed how societal tolerance was still common in society as part of “outdated” forms of “gender-based power”. He said: “It is imperative to change the culture of violence to a society based on agreement.”

The prosecutor addressed Dogan: “As long as you deny it, it’s not just a individual, it’s an complete disturbing societal structure that you are upholding.”

Defendant's Background

The accused was originated from Turkey and at the age of 5 came to France, where his parent worked as a building manager. The evidence indicated that his parent was abusive and that Dogan began smoking cannabis aged ten. When Dogan was seventeen he was apprehended by police for drug trafficking and his father evicted him of home. He was incarcerated in prison for narcotics offenses in his early 20s and had worked as a construction worker but had faced periods of being unhoused.

He was married and had a son with special needs, who he was the primary guardian for, as his spouse worked in a school canteen. The court heard his spouse did not know he had repeated intimate relations beyond their marriage. His legal team said this was his method of dealing with his difficult circumstances. Dogan had stated to a mental health expert that annually he sought transactional encounters on his special day. His lawyers stated to the court he had arthritis triggered by the pressure of the initial proceedings.