French Higher Tribunal Uphighers Prison Term for Gisèle Pelicot Rapist

A man has been found guilty on retrial of raping Gisele Pelicot after she was drugged unconscious by her then-husband – and has had his prison sentence increased to 10 years.

Appeal Trial

Dogan, forty-four, an out-of-work construction worker, who had contested his first conviction last year, underwent a retrial this week at the appeals court in Nîmes.

A panel of nine jurors, joined by three judges, found Dogan guilty on Thursday of raping the victim in her home in the south of France in the early hours of June 29, 2019.

The evidence showed that Dogan, a family man, reached out to the victim's then husband, Dominique Pelicot, in an online chatroom titled “unbeknownst to her”, where Pelicot was seeking men to visit his house to rape his wife after he had drugged her into a unconscious state.

We trust the court will declare that in this society, fundamental rights are also women’s rights – that agreement is individual, not delegated,” stated Gisèle Pelicot’s attorney, her legal representative. “Consent is received personally and not via a representative from a husband.”

Context

The ex-husband, one of the worst sex offenders in France's contemporary records, was handed a sentence to twenty years in prison last year for drugging his wife at the time and soliciting dozens of men to rape her in her home in the town of Mazan over a span of almost a decade of their union.

Numerous other individuals were found convicted in a widely publicized trial last year, and Dogan was the only man to contest his conviction. He was first given a sentence to 9 years in prison, a punishment increased on Thursday to 10 years.

The state's attorney, the prosecutor, had stated he should serve twelve years, because he “stubbornly rejects to take any blame”.

Evidence Presented

The defendant had first sent Dominique Pelicot sexually explicit photos and then driven an hour from his town in Provence to rape the victim, after notifying his wife he was stepping out, the court heard.

Pelicot, who was transported from solitary confinement in prison to briefly provide testimony at the retrial, stated to the court that the accused had understood his wife had been “drugged” and he said to men by phone: “I seek someone to assault my wife after I’ve rendered her unconscious without her consent.”

The courtroom became a central issue for a wider discussion on sexual violence norms in society as Dogan continued to claim he was blameless and had not perpetrated assault, contending that because the victim's husband had invited him into the room, his conduct had been justifiable.

The jury in the Nîmes appeals court was displayed recorded footage of Gisèle Pelicot’s unresponsive form, sedated and breathing heavily in a comatose state, while a smiling the perpetrator performed assault multiple times over a period of what investigators stated was three and a half hours. The judge said she had been at danger of fatal outcome by suffocation. The state's case said there was absolute certainty that she had been unconscious and had not agreed.

Accused's Testimony

The defendant informed the court the videos were simply “sex scenes” and rejected it was violation. He said what he did was “a consensual activity”, not assault. He told 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 manipulated by Dominique Pelicot. “I tried to halt,” the accused told the court. “I continued because he reassured me.”

Asked if he wanted to make a last words to the court, the defendant said: “I had no desire to harm that individual.”

Survivor's Statement

The victim, who was applauded upon leaving court each day by crowds present to stand with her, said to Dogan in court: “You fail to comprehend. When are you going to recognise you violated me? It is unlawful to rape an unconscious woman. At what point did I give you consent? At no time.”

Gisèle Pelicot, seventy-two, became an international feminist hero after she waived her right to privacy in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

The prosecutor, addressing the victim in court, said Dogan’s failure to take responsibility showed that: “Shame has not yet changed sides. The public is perhaps in the course of that, perhaps motivated by the public consciousness brought by the publication of your situation.”

The prosecutor said Dogan’s claims of non-guilt showed how normalized violence was still widespread in society as part of “outdated” forms of “gender-based power”. He said: “It is imperative to change rape culture to a ethos of permission.”

The prosecutor addressed the defendant: “While you refuse to admit it, it’s not just a woman, it’s an complete unpleasant societal structure that you are supporting.”

Biographical Details

The accused was born in the country of Turkey and at the age of 5 moved to the nation of France, where his parent worked as a caretaker. The evidence indicated that his father was abusive and that Dogan began smoking cannabis aged 10. When Dogan was seventeen he was stopped by police for dealing drugs and his father evicted him the family house. He was incarcerated in prison for trafficking in his early 20s and had worked as a construction worker but had experienced periods of homelessness.

He was wed and had a child with special needs, who he was the primary guardian for, as his spouse worked in a educational cafeteria. The evidence showed his wife did not know he had frequent sexual encounters outside their marriage. His legal team said this was his strategy for managing with his stressful life. The defendant had stated to a evaluator that annually he looked for paid sex on his birthday. His legal representatives stated to the court he had joint inflammation caused by the pressure of the first trial.