France's Appeal Tribunal Uphighers Jail Time for Gisele Pelicot Rapist

An individual was declared guilty on higher court review of sexually assaulting Gisele Pelicot following she was rendered comatose by her then-husband – and was given his incarceration period extended to a decade.

Retrial Proceedings

The defendant, 44, an out-of-work construction worker, who had challenged his initial guilty verdict last year, faced a appeal hearing this week at the higher court in Nîmes.

A panel of nine jurors, accompanied by three judges, found Dogan guilty on Thursday of sexually assaulting the victim in her home in the south of France in the early hours of June 29, 2019.

The court heard that the accused, a married father, reached out to the victim's husband at the time, the husband, in an digital platform named “unbeknownst to her”, 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 expect the jury will say loud and clear that in this country, human rights are also rights of women – that agreement is individual, not delegated,” said Gisèle Pelicot’s lawyer, her legal representative. “Consent is obtained directly and not by proxy from a husband.”

Case History

Dominique Pelicot, among the most severe sex offenders in recent French history, was given a prison term to twenty years in prison last year for sedating his wife at the time 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 union.

Dozens of additional defendants were found convicted in a notable trial last year, and the appellant was the sole individual to contest his sentence. He was first given a sentence to nine years in prison, a punishment increased on Thursday to a decade.

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

Testimony and Proof

The defendant had initially sent the husband graphic images and then driven an hour from his village in the region to rape the victim, after telling his wife he was leaving, the court heard.

Pelicot, who was brought from isolation in prison to temporarily give evidence at the appeal trial, informed the court that the accused had known his wife had been “incapacitated” and he said to men by phone: “I want someone to violate my wife after I’ve put her to sleep without her knowledge.”

The trial became a focus point for a larger conversation on societal attitudes in society as the defendant continued to claim he was innocent and had not committed rape, arguing that because Gisèle Pelicot’s husband had invited him into the room, his conduct had been justifiable.

The jury in the higher court was presented with recorded footage of the victim's unconscious figure, unconscious and snoring in a unconscious condition, while a grinning the perpetrator performed assault multiple times over a duration of what authorities reported was three and a half hours. The presiding judge said she had been at peril of fatal outcome by choking. The state prosecution said there was absolute certainty that she had been unaware and had not agreed.

Defendant's Statements

Dogan told the court the videos were simply “sex scenes” and disputed it was assault. He said what he did was “a sexual act”, not rape. He stated the court: “I did not commit rape.” He said the victim's husband had invited him to the home, and therefore it was acceptable. He said he was deceived by Dominique Pelicot. “I attempted to cease,” Dogan informed the court. “I continued because he convinced me.”

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

Victim's Response

The survivor, who was supported upon exiting the courtroom each day by supporters gathered to support her, said to the defendant in court: “You do not grasp. When will you acknowledge you assaulted me? It is unlawful to assault an unaware woman. When did I ever give you permission? Not once.”

The victim, 72, became an symbol of resistance after she gave up her right to anonymity in the trial last year when she said: “Shame must change sides.”

State's Argument

The prosecutor, speaking to Gisèle Pelicot in court, said the defendant's unwillingness to take accountability showed that: “Guilt has not shifted. The public is possibly in the course of that, perhaps driven by the societal understanding spurred by the revelation of your case.”

Sie said the defendant's claims of innocence showed how rape culture was still widespread in society as part of “outdated” forms of “patriarchal control”. He said: “Now we must change the culture of violence to a culture of consent.”

The prosecutor said to Dogan: “As long as you reject it, it’s not just a individual, it’s an complete disturbing social system that you are supporting.”

Personal History

The accused was originated from the country of Turkey and at the age of five moved to France, where his parent worked as a caretaker. The evidence indicated that his father was violent and that Dogan began consuming marijuana at the age of ten. When he was 17 he was caught by authorities for dealing drugs and his parent forced him to leave the family house. He served time in prison for drug dealing in his twenties and had worked as a construction worker but had experienced periods of being unhoused.

He was wed and had a child with a genetic condition, who he was the primary guardian for, as his spouse worked in a educational cafeteria. The court heard his spouse did not know he had frequent intimate relations outside their union. His defence said this was his strategy for managing with his challenging existence. The defendant had stated to a evaluator that each year he sought paid sex on his birthday. His lawyers told the court he had a medical condition caused by the stress of the original case.