French Appeal Tribunal Raises Sentence for Gisèle Pelicot Rapist

A man was declared guilty on higher court review of sexually assaulting Gisele Pelicot following she was sedated by her husband – and was given his incarceration period increased to 10 years.

Appeal Trial

The defendant, 44, an out-of-work construction worker, who had contested his initial guilty verdict last year, faced a new trial this week at the appeals court in Nîmes.

A panel of nine jurors, accompanied by three judges, convicted Dogan on Thursday of sexually assaulting the victim in her bedroom in southern France in the morning of 29 June 2019.

The court heard that the accused, a married father, reached out to the victim's then husband, Dominique Pelicot, in an online chatroom titled “without her knowledge”, where the husband was looking for men to visit his house to rape his wife once he had sedated her into a deep sleep.

“We hope the court will declare that in this country, human rights are also rights of women – that permission is individual, not given by another,” said the victim's attorney, her legal representative. “Permission is received personally and not through someone else from a husband.”

Background

The ex-husband, one of the worst sex offenders in France's contemporary records, was sentenced to two decades in prison last year for sedating his then wife and inviting numerous individuals to sexually assault her in her home in the Provence village of Mazan over a span of many years of their marriage.

Numerous other individuals were found guilty in a notable trial last year, and the appellant was the single defendant to contest his conviction. He was first given a sentence to nine years in prison, a punishment raised 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 accountability”.

Testimony and Proof

The defendant had initially sent Dominique Pelicot sexually explicit photos and then traveled an hour from his town in the region to assault Gisèle Pelicot, after notifying his wife he was stepping out, the court heard.

Pelicot, who was transported from solitary confinement in prison to briefly give evidence at the retrial, informed the court that the accused had understood his wife had been “incapacitated” and he said to men by phone: “I seek someone to violate my wife after I’ve put her to sleep without her knowledge.”

The proceedings became a focus point for a wider discussion on societal attitudes in society as the defendant continued to assert he was innocent and had not perpetrated assault, stating that because the victim's husband had allowed him into the bedroom, his conduct had been justifiable.

The panel in the higher court was shown visual proof of Gisèle Pelicot’s limp body, unconscious and snoring in a unconscious condition, while a grinning the perpetrator committed rape on several occasions over a period of what investigators stated was 3.5 hours. The presiding judge said she had been at danger of death by choking. The state's case said there was no doubt that she had been incapacitated and had not given permission.

Defendant's Statements

Dogan informed the court the videos were simply “intimate moments” and denied it was rape. He said what he did was “a consensual activity”, not rape. He stated the court: “I did not commit rape.” He said the victim's husband had brought him to the home, and therefore it was OK. He said he was influenced by the husband. “I wanted to stop,” the accused informed the court. “I continued because he reassured me.”

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

Survivor's Statement

The survivor, who was applauded upon leaving court each day by crowds present to support her, addressed Dogan in court: “You haven’t understood. When will you acknowledge you assaulted me? It’s a crime to rape an unaware woman. At what point did I give you consent? Not once.”

The victim, 72, became an international feminist hero after she relinquished her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”

State's Argument

The prosecutor, speaking to the victim in court, said the defendant's refusal to take responsibility showed that: “Shame has not yet changed sides. The public is possibly in the process of that, possibly propelled by the societal understanding spurred by the exposure 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 “gender-based power”. He said: “We need to change rape culture to a society based on agreement.”

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

Personal History

Dogan was originated from the country of Turkey and at the age of five relocated to France, where his parent worked as a concierge. The court heard that his father was aggressive and that Dogan began consuming marijuana at the age of 10. When Dogan was seventeen he was apprehended by authorities for selling narcotics and his father kicked him out the family house. He served time in prison for drug dealing in his young adulthood and had worked as a builder but had faced periods of being unhoused.

He was wed and had a son with a genetic condition, who he was the main caregiver for, as his wife worked in a school canteen. The evidence showed his spouse did not know he had frequent intimate relations beyond their marriage. His defence said this was his way of coping with his challenging existence. The defendant had told a evaluator that once a year he sought paid sex on his special day. His attorneys stated to the court he had arthritis resulting from the stress of the original case.

Susan Holmes
Susan Holmes

Lena is a Dutch journalist and editor with a passion for uncovering global stories and connecting cultures.