France's Higher Court Uphighers Sentence for Gisele Pelicot Perpetrator

An individual was convicted on retrial of raping Gisèle Pelicot after she was sedated by her spouse – and received his jail term increased to 10 years.

Appeal Trial

The defendant, 44, an out-of-work construction worker, who had appealed his first conviction last year, faced a retrial this week at the Nîmes court of appeal.

A jury of nine jurors, joined by three judges, convicted Dogan on Thursday of sexually assaulting the victim in her bedroom in Provence in the morning of June 29, 2019.

The evidence showed that the accused, a family man, made contact with Gisèle Pelicot’s then husband, the husband, in an digital platform titled “unbeknownst to her”, where Pelicot was recruiting men to enter his residence to assault his wife after he had sedated her into a unconscious state.

We expect the panel will say loud and clear that in this society, human rights are also women’s rights – that agreement is personal, not transferred,” said the victim's attorney, her legal representative. “Consent is received personally and not via a representative from a husband.”

Case History

The husband, one of the worst sexual predators in recent French history, was handed a sentence to 20 years in prison last year for drugging his then wife and inviting numerous individuals to rape her in her home in the community of the village of Mazan over a duration of almost a decade of their marriage.

Fifty other men were found culpable in a high-profile trial last year, and Dogan was the only man to appeal against his verdict. He was initially sentenced to nine years in prison, a penalty enhanced on Thursday to ten years.

The state's attorney, Dominique Sie, had stated he should serve 12 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 village in the region to assault Gisèle Pelicot, after notifying his wife he was leaving, the evidence indicated.

The ex-husband, who was brought from segregation in prison to briefly give evidence at the retrial, told the court that the accused had known his wife had been “drugged” and he said to men by phone: “I seek someone to assault my wife after I’ve put her to sleep without her knowledge.”

The courtroom became a central issue for a broader debate on societal attitudes in society as Dogan continued to assert he was blameless and had not engaged in violation, stating that because the victim's husband had invited him into the room, his actions had been acceptable.

The panel in the higher court was presented with video evidence of the victim's limp body, comatose and breathing heavily in a deep sleep, while a smiling the perpetrator performed assault on several occasions over a duration of what police said was three and a half hours. The court official said she had been at peril of death by suffocation. The prosecution 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 “sex scenes” and rejected it was rape. He said what he did was “a consensual activity”, not rape. He declared the court: “I did not commit rape.” He said the victim's husband had invited him to the house, and therefore it was acceptable. He said he was manipulated by the husband. “I wanted to stop,” the accused informed the court. “I proceeded because he persuaded me.”

Inquired if he wanted to make a last words to the court, Dogan said: “I did not intend to injure that lady.”

Survivor's Statement

Gisèle Pelicot, who was cheered upon departing the trial each day by onlookers gathered to back her, told Dogan in court: “You do not grasp. When will you admit you violated me? It is unlawful to assault an unaware woman. When did I ever give you consent? At no time.”

Gisèle Pelicot, 72, became an global icon after she gave up 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 refusal to take blame showed that: “Shame has not yet changed sides. The public is maybe in the process of that, maybe driven by the societal understanding spurred by the exposure of your ordeal.”

The prosecutor said the defendant's claims of blamelessness showed how rape culture was still common in society as part of “archaic” forms of “gender-based power”. He said: “Now we must change the culture of violence to a culture of consent.”

The prosecutor said to the defendant: “While you reject it, it’s not just a individual, it’s an entire sordid cultural framework that you are upholding.”

Personal History

Dogan was originated from the country of Turkey and at the age of five came to France, where his parent worked as a caretaker. The evidence indicated that his parent was violent and that the defendant began smoking cannabis aged 10. When Dogan was seventeen he was apprehended by authorities for drug trafficking and his parent forced him to leave of home. He was incarcerated in prison for narcotics offenses in his twenties and had worked as a laborer but had faced periods of homelessness.

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 testimony revealed his spouse did not know he had regular sexual encounters outside their marriage. His defence said this was his strategy for managing with his stressful life. The defendant had stated to a mental health expert that each year he sought transactional encounters on his special day. His lawyers stated to the court he had arthritis triggered by the anxiety of the initial proceedings.