France's Higher Court Increases Sentence for Gisèle Pelicot Rapist

A man has been found guilty on higher court review of sexually assaulting Gisèle Pelicot following she was drugged unconscious by her spouse – and received his prison sentence extended to ten years.

Higher Court Case

Dogan, 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 appeals court in Nîmes.

A panel of five men and four women, joined by three judges, found Dogan guilty on Thursday of raping Pelicot in her home in Provence in the morning of June 29, 2019.

The court heard that Dogan, a married father, reached out to Gisèle Pelicot’s then husband, Dominique Pelicot, in an online chatroom titled “without her consent”, where the husband was looking for men to visit his house to rape his wife after he had drugged her into a comatose state.

“We hope the panel will declare that in this country, fundamental rights are also rights of women – that permission is personal, not transferred,” declared the victim's lawyer, her legal representative. “Permission is received directly and not by proxy from a husband.”

Case History

Dominique Pelicot, one of the worst sex offenders in recent French history, was sentenced to two decades in prison last year for sedating his then wife and soliciting numerous individuals to rape her in her home in the town of the village of Mazan over a duration of many years of their union.

Fifty other men were found guilty in a notable trial last year, and Dogan was the single defendant to contest his sentence. He was originally given a sentence to 9 years in prison, a penalty enhanced on Thursday to a decade.

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

Courtroom Details

The defendant had initially sent the husband sexually explicit photos and then driven an hour from his town in Provence to assault the victim, after notifying his wife he was going out, the testimony revealed.

The ex-husband, who was transported from solitary confinement in prison to temporarily testify at the hearing, informed the court that Dogan had been aware his wife had been “sedated” and he told to men by phone: “I’m looking for someone to abuse my wife after I’ve rendered her unconscious without her knowledge.”

The trial became a key topic for a broader debate on sexual violence norms in society as Dogan continued to assert he was innocent and had not engaged in violation, arguing that because the victim's husband had allowed him into the residence, his actions had been acceptable.

The panel in the higher court was displayed visual proof of the victim's unconscious figure, comatose and snoring in a comatose state, while a grinning the perpetrator performed assault repeatedly over a timeframe of what authorities reported was several hours. The presiding judge said she had been at risk of death by asphyxiation. The prosecution said there was absolute certainty that she had been unconscious and had not consented.

Accused's Testimony

The defendant stated to the court the footage were simply “sexual encounters” and disputed 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 deceived by the husband. “I attempted to cease,” Dogan informed the court. “I proceeded because he persuaded me.”

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

Victim's Response

Gisèle Pelicot, who was applauded upon departing the trial each day by supporters present to stand with her, told the defendant in court: “You haven’t understood. When are you going to recognise you assaulted me? It is unlawful to rape an unaware woman. How could I have give you permission? Never.”

Gisèle Pelicot, 72, became an global icon after she relinquished her right to anonymity in the trial last year when she said: “Shame must change sides.”

State's Argument

Sie, speaking to Gisèle Pelicot in court, said Dogan’s unwillingness to take responsibility showed that: “Shame has not yet changed sides. The public is perhaps in the process of that, possibly propelled by the societal understanding resulting from the revelation of your situation.”

Sie said Dogan’s claims of blamelessness showed how normalized violence was still widespread in society as part of “outdated” forms of “patriarchal control”. He said: “It is imperative to change rape culture to a ethos of permission.”

The prosecutor told Dogan: “For as much as you refuse to admit it, it’s not just a individual, it’s an complete unpleasant social system that you are endorsing.”

Biographical Details

The accused was originated from the country of Turkey and at the age of five came to the nation of France, where his father worked as a building manager. The testimony revealed that his parent was violent and that the defendant began smoking cannabis aged 10. When he was seventeen he was stopped by police for dealing drugs and his parent evicted him the family house. He spent time in prison for drug dealing in his young adulthood and had worked as a builder but had experienced periods of homelessness.

He was wed and had a son with Down’s syndrome, who he was the principal carer for, as his spouse worked in a educational cafeteria. The court heard his spouse did not know he had repeated intimate relations outside their union. His defence said this was his strategy for managing with his stressful life. The defendant had informed a mental health expert that each year he sought transactional encounters on his special day. His legal representatives stated to the court he had a medical condition resulting from the pressure of the initial proceedings.