France's Higher Court Raises Sentence for Gisèle Pelicot Perpetrator

A defendant was convicted on higher court review of sexually assaulting Gisele Pelicot following she was drugged unconscious by her then-husband – and was given his prison sentence extended to ten years.

Retrial Proceedings

The defendant, forty-four, an unemployed builder, who had contested his first conviction last year, underwent a new trial this week at the higher court in Nîmes.

A jury of nine jurors, sitting with three judges, found Dogan guilty on Thursday of sexually assaulting Pelicot in her residence in Provence in the early hours of June 29, 2019.

The evidence showed that the accused, a family man, reached out to the victim's then husband, the husband, in an internet forum titled “without her knowledge”, where Pelicot was seeking men to visit his house to rape his wife after he had drugged her into a comatose state.

We trust the court will declare that in this country, human rights are also rights of women – that permission is personal, not delegated,” stated the victim's lawyer, her legal representative. “Consent is received personally and not through someone else from a husband.”

Context

Dominique Pelicot, a notorious sex offenders in France's contemporary records, was sentenced to 20 years in prison last year for sedating his then wife and soliciting multiple perpetrators to rape her in her home in the town of Mazan over a span of nearly ten years of their union.

Fifty other men were found culpable in a high-profile trial last year, and Dogan was the single defendant to appeal against his verdict. He was originally given a sentence to 9 years in prison, a penalty increased on Thursday to a decade.

The lead state prosecutor, the prosecutor, had argued he should serve 12 years, because he “stubbornly rejects to take any responsibility”.

Courtroom Details

Dogan had first sent the husband graphic images and then traveled an hour from his town in Provence to assault the victim, after telling his wife he was stepping out, the court heard.

The ex-husband, who was brought from segregation in prison to temporarily provide testimony at the hearing, told the court that Dogan had been aware his wife had been “sedated” and he communicated to men by phone: “I seek someone to violate my wife after I’ve put her to sleep without her consent.”

The courtroom became a key topic for a larger conversation on rape culture in society as Dogan continued to say he was innocent and had not committed rape, stating that because Gisèle Pelicot’s husband had welcomed him into the bedroom, his conduct had been permissible.

The jury in the higher court was shown visual proof of Gisèle Pelicot’s unconscious figure, unconscious and snoring in a deep sleep, while a grinning the perpetrator engaged in violation multiple times over a period of what police said was three and a half hours. The court official said she had been at risk of death by choking. The state prosecution said there was no doubt that she had been unaware and had not given permission.

Accused's Testimony

Dogan stated to the court the videos were simply “sex scenes” and denied it was assault. He said what he did was “an intimate behavior”, not assault. He stated the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had allowed him to the home, and therefore it was OK. He said he was deceived by Dominique Pelicot. “I wanted to stop,” the accused told the court. “I continued because he convinced me.”

Asked if he wanted to make a last words to the court, Dogan said: “I never wanted to hurt that woman.”

Pelicot's Words

The victim, who was cheered upon departing the trial each day by supporters gathered to back her, told Dogan in court: “You haven’t understood. When will you acknowledge you raped me? It’s a crime to assault an unaware woman. When did I ever give you agreement? Never.”

Gisèle Pelicot, seventy-two, became an international feminist hero after she relinquished her right to privacy in the trial last year when she said: “The shame should shift.”

Legal Commentary

Sie, turning to the victim in court, said Dogan’s unwillingness to take accountability showed that: “The shame remains. Society is perhaps in the process of that, maybe driven by the public consciousness brought by the exposure of your situation.”

The prosecutor said Dogan’s claims of non-guilt showed how societal tolerance was still prevalent in society as part of “outdated” forms of “gender-based power”. He said: “Now we must change the culture of violence to a ethos of permission.”

The prosecutor addressed the defendant: “While you reject it, it’s not just a woman, it’s an complete disturbing societal structure that you are upholding.”

Defendant's Background

Dogan was originated from the country of Turkey and at the age of five came to France, where his father worked as a caretaker. The evidence indicated that his father was violent and that Dogan began smoking cannabis at the age of ten. When he was seventeen he was caught by police for drug trafficking and his parent evicted him the family house. He spent time in prison for drug dealing in his young adulthood and had worked as a construction worker but had faced periods of living on the streets.

He was married and had a child with special needs, who he was the primary guardian for, as his wife worked in a educational cafeteria. The court heard his spouse did not know he had repeated extramarital activities outside their marriage. His defence said this was his method of dealing with his stressful life. The defendant had informed a court psychologist that once a year he looked for paid sex on his birthday. His attorneys stated to the court he had arthritis triggered by the anxiety of the initial proceedings.