France's Higher Court Raises Prison Term for Gisèle Pelicot Rapist

An individual has been found guilty on appeal of sexually assaulting Gisèle Pelicot following she was drugged unconscious by her then-husband – and was given his incarceration period raised to 10 years.

Higher Court Case

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

A jury of five men and four women, accompanied by three judges, convicted Dogan on Thursday of raping the victim in her home in southern France in the early hours of 29 June 2019.

The court heard that the accused, a family man, reached out to Gisèle Pelicot’s husband at the time, Dominique Pelicot, in an digital platform titled “without her consent”, where Pelicot was seeking men to visit his house to assault his wife once he had sedated her into a comatose state.

We trust the jury will affirm that in this society, human rights are also rights of women – that consent is individual, not delegated,” stated the victim's attorney, Antoine Camus. “Consent is received directly and not via a representative from a husband.”

Context

The husband, one of the worst sexual predators in France's contemporary records, was sentenced to two decades in prison last year for incapacitating his wife at the time and inviting multiple perpetrators to sexually assault her in her home in the Provence village of Mazan over a duration of many years of their union.

Numerous other individuals were found culpable in a notable trial last year, and Dogan was the only man to contest his conviction. He was initially given a sentence to nine years in prison, a penalty enhanced on Thursday to a decade.

The chief prosecutor, Dominique Sie, had contended he should serve twelve years, because he “completely denies to take any accountability”.

Evidence Presented

Dogan had initially sent Dominique Pelicot inappropriate pictures and then driven an hour from his town in Provence to assault Gisèle Pelicot, after informing his wife he was stepping out, the testimony revealed.

Pelicot, who was transported from segregation in prison to temporarily provide testimony at the appeal trial, told the court that the accused had known his wife had been “drugged” and he said to men by phone: “I’m looking for someone to abuse my wife after I’ve rendered her unconscious without her knowledge.”

The courtroom became a key topic for a wider discussion on societal attitudes in society as Dogan continued to claim he was innocent and had not committed rape, stating that because Gisèle Pelicot’s husband had allowed him into the residence, his conduct had been acceptable.

The jury in the Nîmes appeals court was presented with visual proof of Gisèle Pelicot’s unresponsive form, comatose and snoring in a unconscious condition, while a grinning the perpetrator engaged in violation on several occasions over a duration of what investigators stated was 3.5 hours. The court official said she had been at risk of death by choking. The prosecution said there was absolute certainty that she had been unconscious and had not given permission.

Accused's Testimony

Dogan informed the court the recordings were simply “intimate moments” and denied it was assault. He said what he did was “a sexual act”, not rape. He declared the court: “I never raped.” He said the victim's husband had brought him to the home, and therefore it was permissible. He said he was deceived by Dominique Pelicot. “I tried to halt,” the accused stated to the court. “I carried on because he convinced me.”

Inquired if he wanted to make a final statement to the court, Dogan said: “I never wanted to injure that woman.”

Survivor's Statement

The survivor, who was supported upon exiting the courtroom each day by supporters present to back her, said to the defendant in court: “You fail to comprehend. When are you going to recognise you violated me? It is illegal to rape an incapacitated woman. How could I have give you consent? Never.”

Gisèle Pelicot, seventy-two, became an symbol of resistance after she waived her right to anonymity in the trial last year when she said: “The shame should shift.”

State's Argument

The prosecutor, turning to Gisèle Pelicot in court, said the defendant's failure to take responsibility showed that: “Shame has not yet changed sides. The public is maybe in the process of that, possibly motivated by the public consciousness resulting from the publication of your situation.”

Sie said Dogan’s claims of non-guilt showed how rape culture was still prevalent in society as part of “outdated” forms of “male domination”. He said: “It is imperative to change rape culture to a ethos of permission.”

The prosecutor addressed Dogan: “For as much as you refuse to admit it, it’s not just a woman, it’s an entire sordid societal structure that you are upholding.”

Personal History

The accused was born in Turkey and at the age of five moved to France, where his father worked as a caretaker. The court heard that his father was violent and that the defendant began using drugs at the age of 10. When he was 17 he was stopped by authorities for drug trafficking and his parent evicted him the residence. He was incarcerated in prison for trafficking in his young adulthood and had worked as a builder but had experienced periods of homelessness.

He was married and had a son with special needs, who he was the primary guardian for, as his spouse worked in a institution's dining hall. The court heard his spouse did not know he had repeated extramarital activities outside their marriage. His defence said this was his way of coping with his difficult circumstances. Dogan had stated to a court psychologist that annually he engaged in paid sex on his special day. His attorneys informed the court he had a medical condition caused by the anxiety of the initial proceedings.