French Appeal Tribunal Raises Jail Time for Gisèle Pelicot Rapist

A defendant was declared guilty on appeal of raping Gisele Pelicot following she was drugged unconscious by her then-husband – and has had his incarceration period raised to ten years.

Appeal Trial

The defendant, forty-four, an out-of-work construction worker, who had appealed his initial guilty verdict last year, underwent a new trial this week at the Nîmes court of appeal.

A panel of four women and five men, accompanied by three judges, convicted Dogan on Thursday of raping Pelicot in her bedroom in southern France in the early hours of June 29, 2019.

The court heard that Dogan, a family man, made contact with Gisèle Pelicot’s spouse, the husband, in an digital platform named “unbeknownst to her”, where the husband was recruiting men to visit his house to rape his wife once he had drugged her into a unconscious state.

We expect the court will affirm that in this nation, fundamental rights are also rights of women – that agreement is individual, not given by another,” stated the victim's lawyer, her legal representative. “Consent is secured personally and not via a representative from a husband.”

Background

The ex-husband, a notorious sexual predators in recent French history, was handed a sentence to two decades in prison last year for drugging his spouse and inviting numerous individuals to sexually assault her in her home in the town of Mazan over a period of many years of their union.

Fifty other men were found convicted in a high-profile trial last year, and Dogan was the sole individual to contest his verdict. He was initially handed a term to nine years in prison, a sentence enhanced on Thursday to ten years.

The state's attorney, the prosecutor, had contended he should serve twelve years, because he “absolutely refuses to take any responsibility”.

Testimony and Proof

The defendant had initially sent the husband sexually explicit photos and then driven an hour from his town in Provence to rape the victim, after notifying his wife he was leaving, the court heard.

The ex-husband, who was transported from isolation in prison to temporarily testify at the appeal trial, told the court that the accused had known his wife had been “drugged” and he told to men by phone: “I seek someone to abuse my wife after I’ve put her to sleep unbeknownst to her.”

The courtroom became a focus point for a larger conversation on sexual violence norms in society as the defendant continued to say he was innocent and had not committed rape, contending that because the victim's husband had invited him into the room, his behavior had been acceptable.

The panel in the Nîmes appeals court was shown recorded footage of Gisèle Pelicot’s unconscious figure, sedated and snoring in a comatose state, while a grinning the perpetrator engaged in violation repeatedly over a timeframe of what police said was 3.5 hours. The presiding judge said she had been at danger of death by choking. The state prosecution said there was no doubt that she had been unconscious and had not agreed.

Accused's Testimony

The defendant stated to the court the recordings were simply “sexual encounters” and disputed it was violation. He said what he did was “a sexual act”, not rape. He told the court: “I never raped.” He said the victim's husband had allowed him to the residence, and therefore it was acceptable. He said he was influenced by Dominique Pelicot. “I tried to halt,” the accused informed the court. “I continued because he persuaded me.”

Questioned if he wanted to make a closing remarks to the court, the defendant said: “I had no desire to injure that woman.”

Survivor's Statement

The survivor, who was applauded upon departing the trial each day by supporters assembled to support her, addressed the defendant in court: “You do not grasp. When will you acknowledge you assaulted me? It is unlawful to rape an unconscious woman. How could I have give you consent? At no time.”

The victim, 72, became an symbol of resistance after she relinquished her right to anonymity in the trial last year when she said: “The shame should shift.”

State's Argument

Sie, turning to Gisèle Pelicot in court, said Dogan’s failure to take blame showed that: “The shame remains. The community is possibly in the course of that, possibly motivated by the societal understanding resulting from the exposure of your situation.”

The prosecutor said the defendant's claims of blamelessness showed how normalized violence was still common in society as part of “archaic” forms of “gender-based power”. He said: “Now we must change rape culture to a culture of consent.”

The prosecutor told the defendant: “For as much as you refuse to admit it, it’s not just a individual, it’s an complete unpleasant cultural framework that you are upholding.”

Biographical Details

Dogan was born in the country of Turkey and at the age of five came to France, where his father worked as a building manager. The testimony revealed that his father was aggressive and that the defendant began consuming marijuana aged ten. When Dogan was 17 he was apprehended by police for selling narcotics and his parent evicted him the residence. He served time in prison for narcotics offenses in his twenties and had worked as a construction worker but had undergone periods of living on the streets.

He was wed and had a child with a genetic condition, who he was the principal carer for, as his spouse worked in a educational cafeteria. The testimony revealed his spouse did not know he had regular intimate relations beyond their marriage. His defence said this was his strategy for managing with his challenging existence. Dogan had informed a court psychologist that each year he looked for transactional encounters on his birthday. His attorneys told the court he had a medical condition caused by the pressure of the original case.