France's Appeal Tribunal Increases Prison Term for Gisèle Pelicot Rapist

A man was convicted on appeal of sexually assaulting Gisele Pelicot after she was sedated by her husband – and was given his incarceration period raised to ten years.

Higher Court Case

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

A panel of four women and five men, accompanied by three judges, convicted Dogan on Thursday of raping Pelicot in her residence in the south of France in the early hours of June 29, 2019.

The testimony revealed that Dogan, a married father, made contact with the victim's then husband, the husband, in an online chatroom called “without her consent”, where Pelicot was seeking men to visit his house to rape his wife after he had drugged her into a comatose state.

We expect the panel will say loud and clear that in this society, fundamental rights are also women’s rights – that consent is personal, not transferred,” stated Gisèle Pelicot’s attorney, her legal representative. “Consent is obtained directly and not through someone else from a husband.”

Case History

Dominique Pelicot, among the most severe sex offenders in modern French history, was given a prison term to 20 years in prison last year for sedating his then wife and bringing in dozens of men to rape her in her home in the town of the village of Mazan over a span of many years of their marriage.

Fifty other men were found guilty in a high-profile trial last year, and Dogan was the single defendant to appeal against his conviction. He was first given a sentence to nine years in prison, a penalty raised on Thursday to ten years.

The state's attorney, the prosecutor, had argued he should serve 12 years, because he “completely denies to take any responsibility”.

Testimony and Proof

The defendant had first sent Dominique Pelicot graphic images and then driven an hour from his town in the region to assault Gisèle Pelicot, after telling his wife he was going out, the court heard.

Pelicot, who was brought from solitary confinement in prison to briefly testify at the hearing, stated to the court that Dogan had known his wife had been “sedated” and he said to men by phone: “I want someone to assault my wife after I’ve sedated her unbeknownst to her.”

The courtroom became a central issue for a wider discussion on rape culture in society as Dogan continued to assert he was not guilty and had not perpetrated assault, stating that because Gisèle Pelicot’s husband had welcomed him into the residence, his behavior had been acceptable.

The panel in the higher court was shown recorded footage of Gisèle Pelicot’s limp body, sedated and snoring in a unconscious condition, while a smiling Dogan performed assault on several occasions over a duration of what police said was 3.5 hours. The court official said she had been at risk of fatal outcome by choking. The state's case said there was no question that she had been unconscious and had not consented.

Dogan's Claims

The defendant informed the court the footage were simply “sex scenes” and disputed it was violation. He said what he did was “an intimate behavior”, not assault. He declared the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had brought him to the residence, and therefore it was acceptable. He said he was influenced by the husband. “I tried to halt,” Dogan stated to the court. “I proceeded because he convinced me.”

Questioned if he wanted to make a closing remarks to the court, the defendant said: “I had no desire to hurt that lady.”

Pelicot's Words

The survivor, who was supported upon exiting the courtroom each day by crowds assembled to stand with her, told the defendant in court: “You haven’t understood. When are you going to recognise you raped me? It is unlawful to rape an incapacitated woman. How could I have give you agreement? Never.”

The victim, seventy-two, became an global icon after she relinquished her right to anonymity in the trial last year when she said: “The shame should shift.”

Prosecutor's Remarks

The prosecutor, addressing Gisèle Pelicot in court, said the defendant's failure to take responsibility showed that: “The shame remains. Society is maybe in the course of that, maybe driven by the collective awareness spurred by the exposure of your case.”

Sie said Dogan’s claims of innocence showed how societal tolerance was still prevalent in society as part of “outdated” forms of “patriarchal control”. He said: “Now we must change rape culture to a society based on agreement.”

Sie addressed Dogan: “As long as you refuse to admit it, it’s not just a person, it’s an whole sordid social system that you are endorsing.”

Personal History

Dogan was born in the country of Turkey and at the age of 5 relocated to France, where his father worked as a concierge. The evidence indicated that his parent was aggressive and that the defendant began using drugs at the age of 10. When he was 17 he was caught by authorities for drug trafficking and his father evicted him of home. He served time in prison for drug dealing in his twenties and had worked as a laborer but had experienced periods of homelessness.

He was married and had a son with a genetic condition, who he was the main caregiver for, as his wife worked in a school canteen. The testimony revealed his spouse did not know he had repeated extramarital activities beyond their union. His legal team said this was his strategy for managing with his difficult circumstances. Dogan had informed a court psychologist that annually he sought commercial sex on his special day. His attorneys stated to the court he had arthritis resulting from the stress of the first trial.