French Appeal Court Uphighers Prison Term for Gisele Pelicot Assailant

An individual was declared guilty on higher court review of sexually assaulting Gisele Pelicot after she was sedated by her husband – and has had his jail term raised to a decade.

Appeal Trial

Dogan, 44, an out-of-work construction worker, who had contested his initial guilty verdict last year, experienced a retrial this week at the Nîmes court of appeal.

A jury of nine jurors, accompanied by three judges, ruled against Dogan on Thursday of sexually assaulting Pelicot in her bedroom in Provence in the morning of 29 June 2019.

The evidence showed that Dogan, a family man, connected with Gisèle Pelicot’s then husband, the husband, in an internet forum named “without her consent”, where Pelicot was looking for men to visit his house to assault his wife after he had sedated her into a unconscious state.

We trust the jury will say loud and clear that in this country, human rights are also rights of women – that consent is personal, not transferred,” declared the victim's lawyer, her legal representative. “Consent is obtained directly and not by proxy from a husband.”

Case History

Dominique Pelicot, one of the worst sexual predators in recent French history, was given a prison term to 20 years in prison last year for sedating his wife at the time and bringing in multiple perpetrators to rape her in her home in the community of Mazan over a period of almost a decade of their marriage.

Fifty other men were found culpable in a widely publicized trial last year, and Dogan was the sole individual to contest his verdict. He was initially given a sentence to 9 years in prison, a penalty increased on Thursday to a decade.

The lead state prosecutor, Dominique Sie, had stated he should serve 12 years, because he “completely denies to take any blame”.

Evidence Presented

The defendant had first sent the husband graphic images and then driven an hour from his residence in the region to assault the victim, after telling his wife he was going out, the testimony revealed.

Pelicot, who was transported from segregation in prison to temporarily provide testimony at the appeal trial, told the court that the accused had known his wife had been “sedated” and he communicated to men by phone: “I want someone to abuse my wife after I’ve put her to sleep without her knowledge.”

The proceedings became a key topic for a larger conversation on sexual violence norms in society as the defendant continued to say he was blameless and had not committed rape, contending that because the victim's husband had allowed him into the residence, his conduct had been acceptable.

The panel in the higher court was shown video evidence of the victim's unresponsive form, unconscious and snoring in a unconscious condition, while a grinning Dogan engaged in violation on several occasions 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 choking. The prosecution said there was absolute certainty that she had been unaware and had not agreed.

Accused's Testimony

The defendant stated to the court the footage were simply “sexual encounters” and disputed it was assault. He said what he did was “an intimate behavior”, not rape. 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 acceptable. He said he was deceived by Dominique Pelicot. “I attempted to cease,” Dogan told the court. “I continued because he convinced me.”

Inquired if he wanted to make a final statement to the court, Dogan said: “I had no desire to hurt that individual.”

Survivor's Statement

Gisèle Pelicot, who was supported upon leaving court each day by crowds gathered to stand with her, addressed Dogan in court: “You fail to comprehend. When will you acknowledge you assaulted me? It is unlawful to rape an incapacitated woman. How could I have give you consent? Not once.”

Gisèle Pelicot, seventy-two, became an global icon after she gave up her right to confidentiality in the trial last year when she said: “The shame should shift.”

Prosecutor's Remarks

The prosecutor, turning to the victim in court, said Dogan’s unwillingness to take blame showed that: “Shame has not yet changed sides. The community is possibly in the course of that, perhaps driven by the public consciousness resulting from the revelation of your case.”

The prosecutor said Dogan’s claims of innocence showed how societal tolerance was still common in society as part of “old-fashioned” forms of “patriarchal control”. He said: “Now we must change rape culture to a society based on agreement.”

Sie addressed the defendant: “While you reject it, it’s not just a individual, it’s an whole sordid societal structure that you are upholding.”

Personal History

The accused was originated from the country of Turkey and at the age of five relocated to France, where his parent worked as a caretaker. The testimony revealed that his parent was violent and that the defendant began consuming marijuana at the age of ten. When he was 17 he was caught by authorities for dealing drugs and his father forced him to leave the residence. He served time in prison for trafficking in his young adulthood and had worked as a builder but had undergone 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 spouse worked in a school canteen. The court heard his spouse did not know he had repeated extramarital activities beyond their union. His defence said this was his strategy for managing with his challenging existence. The defendant had told a evaluator that annually he looked for paid sex on his birthday. His legal representatives informed the court he had joint inflammation caused by the pressure of the initial proceedings.