France's Higher Court Increases Prison Term for Gisele Pelicot Rapist

An individual was declared guilty on retrial of sexually assaulting Gisele Pelicot after she was drugged unconscious by her spouse – and has had his incarceration period extended to ten years.

Retrial Proceedings

The defendant, forty-four, an unemployed builder, who had challenged his initial guilty verdict last year, experienced a new trial this week at the appeals court in Nîmes.

A panel of four women and five men, joined by three judges, found Dogan guilty on Thursday of raping the victim in her residence in southern France in the early hours of 29 June 2019.

The evidence showed that Dogan, a married father, made contact with the victim's then husband, Dominique Pelicot, in an online chatroom titled “without her knowledge”, where the husband was seeking men to come to his home to assault his wife once he had drugged her into a comatose state.

We trust the jury will say loud and clear that in this society, fundamental rights are also women’s rights – that consent is individual, not delegated,” declared the victim's lawyer, Antoine Camus. “Agreement is obtained directly and not by proxy from a spouse.”

Background

Dominique Pelicot, one of the worst sex offenders in modern French history, was given a prison term to twenty years in prison last year for drugging his then wife and inviting multiple perpetrators to rape her in her home in the town of Mazan over a period of nearly ten years of their marriage.

Dozens of additional defendants were found convicted in a notable trial last year, and Dogan was the single defendant to appeal against his verdict. He was initially handed a term to 9 years in prison, a penalty enhanced on Thursday to 10 years.

The chief prosecutor, the prosecutor, had stated he should serve twelve years, because he “completely denies to take any accountability”.

Testimony and Proof

The defendant had first sent the husband graphic images and then traveled an hour from his residence in the region to rape Gisèle Pelicot, after informing his wife he was going out, the testimony revealed.

The ex-husband, who was brought from solitary confinement in prison to temporarily give evidence at the appeal trial, informed the court that Dogan had been aware his wife had been “drugged” and he told to men by phone: “I want someone to violate my wife after I’ve sedated her unbeknownst to her.”

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

The jury in the higher court was shown recorded footage of the victim's unconscious figure, sedated and snoring in a deep sleep, while a grinning the perpetrator committed rape repeatedly over a duration of what authorities reported was three and a half hours. The court official said she had been at peril of death by asphyxiation. The prosecution said there was no question that she had been unaware and had not consented.

Accused's Testimony

Dogan told the court the recordings were simply “sexual encounters” and denied it was rape. He said what he did was “a consensual activity”, not rape. He stated the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had invited him to the home, and therefore it was permissible. He said he was deceived by Dominique Pelicot. “I attempted to cease,” Dogan informed the court. “I continued because he convinced me.”

Inquired if he wanted to make a closing remarks to the court, Dogan said: “I had no desire to harm that woman.”

Victim's Response

The victim, who was cheered upon exiting the courtroom each day by supporters gathered to back her, addressed the defendant in court: “You do not grasp. When are you going to recognise you violated me? It’s a crime to assault an unconscious woman. How could I have give you consent? Never.”

The victim, 72, became an symbol of resistance after she gave up her right to anonymity in the trial last year when she said: “Guilt ought to transfer.”

State's Argument

The prosecutor, speaking to the victim in court, said Dogan’s failure to take blame showed that: “Guilt has not shifted. The community is maybe in the process of that, maybe propelled by the collective awareness brought by the publication of your situation.”

Sie said the defendant's claims of non-guilt showed how normalized violence was still common in society as part of “archaic” forms of “patriarchal control”. He said: “It is imperative to change the culture of violence to a ethos of permission.”

The prosecutor addressed the defendant: “While you refuse to admit it, it’s not just a person, it’s an complete disturbing social system that you are upholding.”

Defendant's Background

The accused was originated from the country of Turkey and at the age of 5 moved to France, where his father worked as a concierge. The evidence indicated that his father was aggressive and that the defendant began smoking cannabis aged ten. When he was seventeen he was caught by authorities for dealing drugs and his father kicked him out the residence. He was incarcerated in prison for trafficking in his early 20s and had worked as a laborer but had experienced periods of being unhoused.

He was married and had a son with a genetic condition, who he was the principal carer for, as his wife worked in a institution's dining hall. The evidence showed his spouse did not know he had frequent extramarital activities beyond their union. His legal team said this was his way of coping with his difficult circumstances. The defendant had informed a court psychologist that annually he engaged in transactional encounters on his special day. His attorneys informed the court he had arthritis caused by the pressure of the initial proceedings.