France's Higher Court Uphighers Jail Time for Gisèle Pelicot Rapist

A man was convicted on higher court review of sexually assaulting Gisele Pelicot after she was drugged unconscious by her then-husband – and received his incarceration period extended to a decade.

Higher Court Case

The defendant, 44, an out-of-work construction worker, who had contested his first conviction last year, underwent a retrial this week at the appeals court in Nîmes.

A jury of five men and four women, sitting with three judges, found Dogan guilty on Thursday of sexually assaulting the victim in her bedroom in the south of France in the morning of 29 June 2019.

The evidence showed that the accused, a married father, made contact with Gisèle Pelicot’s husband at the time, the husband, in an online chatroom called “without her knowledge”, where Pelicot was looking for men to come to his home to assault his wife after he had drugged her into a comatose state.

“We hope the panel will declare that in this society, fundamental rights are also women’s rights – that agreement is individual, not given by another,” said the victim's attorney, Antoine Camus. “Consent is received directly and not through someone else from a spouse.”

Case History

Dominique Pelicot, among the most severe sex offenders in France's contemporary records, was handed a sentence to 20 years in prison last year for drugging his wife at the time and inviting numerous individuals to sexually assault 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 verdict. He was initially sentenced to 9 years in prison, a sentence enhanced on Thursday to a decade.

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

Testimony and Proof

Dogan had first sent the husband graphic images and then driven an hour from his residence in Provence to rape Gisèle Pelicot, after informing his wife he was stepping out, the evidence indicated.

Pelicot, who was transported from isolation in prison to briefly provide testimony at the appeal trial, informed the court that Dogan had understood his wife had been “incapacitated” and he communicated to men by phone: “I’m looking for someone to assault my wife after I’ve rendered her unconscious unbeknownst to her.”

The proceedings became a central issue for a broader debate on rape culture in society as Dogan continued to claim he was innocent and had not perpetrated assault, stating that because the victim's husband had invited him into the bedroom, his actions had been justifiable.

The jury in the higher court was shown visual proof of Gisèle Pelicot’s limp body, comatose and snoring in a deep sleep, while a smiling the perpetrator performed assault on several occasions over a duration of what authorities reported was several hours. The court official said she had been at risk of death by suffocation. The state's case said there was no doubt that she had been incapacitated and had not given permission.

Accused's Testimony

Dogan informed the court the videos were simply “sexual encounters” and rejected it was violation. He said what he did was “a sexual act”, not rape. He stated the court: “I never raped.” He said the victim's husband had allowed him to the home, and therefore it was acceptable. He said he was manipulated by Dominique Pelicot. “I wanted to stop,” the accused stated to the court. “I carried on because he convinced me.”

Questioned if he wanted to make a final statement to the court, the defendant said: “I never wanted to harm that lady.”

Survivor's Statement

Gisèle Pelicot, who was supported upon departing the trial each day by crowds present to support her, addressed Dogan in court: “You do not grasp. When will you acknowledge you raped me? It’s a crime to assault an unconscious woman. When did I ever give you permission? At no time.”

The victim, seventy-two, became an global icon after she waived her right to anonymity in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

Sie, turning to the victim in court, said Dogan’s refusal to take responsibility showed that: “The shame remains. The community is maybe in the midst of that, maybe driven by the collective awareness resulting from the exposure of your case.”

Sie said the defendant's claims of non-guilt showed how societal tolerance was still prevalent in society as part of “old-fashioned” forms of “male domination”. He said: “Now we must change rape culture to a society based on agreement.”

The prosecutor told Dogan: “While you reject it, it’s not just a person, it’s an entire sordid societal structure that you are upholding.”

Personal History

Dogan was born in Turkey and at the age of 5 moved to France, where his parent worked as a building manager. The court heard that his parent was abusive and that the defendant began smoking cannabis aged ten. When he was seventeen he was apprehended by police for selling narcotics and his father forced him to leave of home. He served time in prison for trafficking in his twenties and had worked as a laborer but had experienced periods of living on the streets.

He was wed and had a son with special needs, who he was the main caregiver for, as his spouse worked in a educational cafeteria. The court heard his spouse did not know he had repeated intimate relations outside their marriage. His legal team said this was his way of coping with his difficult circumstances. Dogan had told a mental health expert that once a year he sought commercial sex on his birthday. His attorneys told the court he had arthritis resulting from the pressure of the first trial.