France's Higher Tribunal Raises Sentence for Gisèle Pelicot Assailant

A man was convicted on retrial of sexually assaulting Gisele Pelicot following she was drugged unconscious by her spouse – and was given his jail term increased to a decade.

Retrial Proceedings

Dogan, 44, an unemployed builder, who had challenged his initial guilty verdict last year, underwent a retrial this week at the appeals court in Nîmes.

A jury of nine jurors, accompanied by three judges, ruled against Dogan on Thursday of raping the victim in her residence in Provence in the early hours of June 29, 2019.

The evidence showed that Dogan, a married father, connected with the victim's husband at the time, the husband, in an digital platform called “without her consent”, where Pelicot was looking for men to enter his residence to rape his wife after he had drugged her into a unconscious state.

“We hope the jury will say loud and clear that in this nation, fundamental rights are also rights of women – that agreement is individual, not delegated,” stated the victim's attorney, Antoine Camus. “Permission is obtained personally and not via a representative from a spouse.”

Case History

The ex-husband, among the most severe sexual predators in recent French history, was given a prison term to twenty years in prison last year for sedating his spouse and inviting numerous individuals to rape her in her home in the Provence village of Mazan over a period of many years of their union.

Fifty other men were found guilty in a widely publicized trial last year, and the appellant was the only man to appeal against his conviction. He was initially handed a term to 9 years in prison, a punishment increased on Thursday to a decade.

The lead state prosecutor, Dominique Sie, had contended he should serve twelve years, because he “completely denies to take any blame”.

Evidence Presented

The defendant had initially sent Dominique Pelicot graphic images and then traveled an hour from his town in Provence to rape Gisèle Pelicot, after notifying his wife he was leaving, the court heard.

Pelicot, who was brought from segregation in prison to temporarily testify at the appeal trial, stated to the court that the accused had known his wife had been “incapacitated” and he said to men by phone: “I want someone to abuse my wife after I’ve rendered her unconscious without her knowledge.”

The trial became a central issue for a wider discussion on societal attitudes in society as Dogan continued to say he was blameless and had not committed rape, stating that because Gisèle Pelicot’s husband had welcomed him into the bedroom, his conduct had been acceptable.

The jury in the Nîmes appeals court was presented with video evidence of the victim's unconscious figure, sedated and snoring in a unconscious condition, while a grinning Dogan engaged in violation multiple times over a duration of what investigators stated was three and a half hours. The presiding judge said she had been at risk of fatal outcome by suffocation. The state's case said there was no question that she had been unaware and had not consented.

Dogan's Claims

Dogan stated to the court the recordings were simply “sexual encounters” and denied it was assault. He said what he did was “a sexual act”, not assault. He declared the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had allowed him to the home, and therefore it was OK. He said he was manipulated by Dominique Pelicot. “I wanted to stop,” Dogan informed the court. “I carried on because he persuaded me.”

Asked if he wanted to make a final statement to the court, Dogan said: “I never wanted to harm that woman.”

Pelicot's Words

The survivor, who was cheered upon exiting the courtroom each day by supporters gathered to support her, addressed Dogan in court: “You haven’t understood. When are you going to recognise you violated me? It is illegal to rape an unconscious woman. When did I ever give you agreement? Never.”

Gisèle Pelicot, seventy-two, became an global icon after she relinquished her right to privacy in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

The prosecutor, turning to the victim in court, said Dogan’s failure to take blame showed that: “Guilt has not shifted. Society is maybe in the midst of that, possibly propelled by the public consciousness brought by the publication of your ordeal.”

The prosecutor said Dogan’s claims of innocence showed how societal tolerance was still common in society as part of “archaic” forms of “male domination”. He said: “It is imperative to change rape culture to a culture of consent.”

The prosecutor said to Dogan: “For as much as you refuse to admit it, it’s not just a person, it’s an entire sordid cultural framework that you are supporting.”

Personal History

The accused was born in the country of Turkey and at the age of 5 relocated to France, where his parent worked as a caretaker. The court heard that his father was violent and that Dogan began smoking cannabis aged ten. When Dogan was seventeen he was apprehended by authorities for dealing drugs and his parent forced him to leave of home. He spent time in prison for drug dealing in his twenties and had worked as a construction worker but had faced periods of living on the streets.

He was wed and had a child with special needs, who he was the principal carer for, as his wife worked in a school canteen. The court heard his spouse did not know he had repeated sexual encounters beyond their marriage. His defence said this was his strategy for managing with his challenging existence. Dogan had stated to a court psychologist that annually he sought transactional encounters on his birthday. His lawyers informed the court he had joint inflammation caused by the stress of the first trial.