France's Higher Tribunal Increases Jail Time for Gisèle Pelicot Rapist

A man was declared guilty on appeal of sexually assaulting Gisele Pelicot following she was drugged unconscious by her spouse – and received his incarceration period increased to ten years.

Higher Court Case

Dogan, 44, an out-of-work construction worker, who had contested his initial guilty verdict last year, experienced a retrial this week at the higher court in Nîmes.

A jury of four women and five men, sitting with three judges, convicted Dogan on Thursday of raping Pelicot in her residence in southern France in the morning of June 29, 2019.

The evidence showed that the accused, a family man, reached out to Gisèle Pelicot’s spouse, Dominique Pelicot, in an internet forum titled “without her consent”, where the husband was looking for men to enter his residence to rape his wife once he had sedated her into a comatose state.

“We hope the jury will declare that in this country, fundamental rights are also women’s rights – that agreement is personal, not given by another,” stated the victim's lawyer, Antoine Camus. “Agreement is secured personally and not via a representative from a husband.”

Case History

Dominique Pelicot, one of the worst sex offenders in France's contemporary records, was handed a sentence to two decades in prison last year for incapacitating his then wife and inviting multiple perpetrators to sexually assault her in her home in the town of Mazan over a duration of almost a decade of their union.

Fifty other men were found culpable in a widely publicized trial last year, and the appellant was the sole individual to challenge his conviction. He was first handed a term to 9 years in prison, a penalty increased on Thursday to a decade.

The state's attorney, Dominique Sie, had argued he should serve 12 years, because he “stubbornly rejects to take any blame”.

Courtroom Details

Dogan had first sent Dominique Pelicot inappropriate pictures and then traveled an hour from his residence in Provence to assault the victim, after telling his wife he was going out, the evidence indicated.

Pelicot, who was brought from isolation in prison to temporarily give evidence at the retrial, informed the court that the accused had been aware his wife had been “drugged” and he said to men by phone: “I want someone to violate my wife after I’ve sedated her without her consent.”

The courtroom became a key topic for a broader debate on sexual violence norms in society as Dogan continued to say he was not guilty and had not perpetrated assault, contending that because the victim's husband had welcomed him into the bedroom, his actions had been permissible.

The panel in the higher court was presented with recorded footage of the victim's unconscious figure, sedated and snoring in a comatose state, while a smiling Dogan engaged in violation repeatedly over a period of what authorities reported was several hours. The presiding judge said she had been at danger of fatal outcome by choking. The prosecution said there was absolute certainty that she had been incapacitated and had not consented.

Defendant's Statements

The defendant told the court the videos were simply “sex scenes” and disputed it was rape. He said what he did was “a consensual activity”, not assault. He declared the court: “I am innocent of assault.” He said the victim's husband had brought him to the residence, and therefore it was OK. He said he was deceived by Dominique Pelicot. “I tried to halt,” Dogan informed the court. “I proceeded because he reassured me.”

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

Survivor's Statement

The survivor, who was supported upon leaving court each day by onlookers gathered to stand with her, addressed the defendant in court: “You do not grasp. When will you acknowledge you violated me? It is unlawful to rape an unaware woman. At what point did I give you agreement? Not once.”

Gisèle Pelicot, 72, became an international feminist hero after she waived her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”

State's Argument

The prosecutor, addressing the victim in court, said the defendant's refusal to take responsibility showed that: “Guilt has not shifted. Society is perhaps in the process of that, maybe propelled by the public consciousness resulting from the publication of your situation.”

The prosecutor said Dogan’s claims of blamelessness showed how normalized violence was still common in society as part of “outdated” forms of “male domination”. He said: “We need to 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 woman, it’s an entire disturbing social system that you are endorsing.”

Biographical Details

Dogan was originated from Turkey and at the age of five relocated to the nation of France, where his parent worked as a building manager. The testimony revealed that his father was aggressive and that the defendant began smoking cannabis aged 10. When he was seventeen he was apprehended by authorities for drug trafficking and his father evicted him of home. He was incarcerated in prison for trafficking in his early 20s and had worked as a builder but had experienced periods of homelessness.

He was wed and had a son with special needs, who he was the principal carer for, as his spouse worked in a educational cafeteria. The evidence showed his wife did not know he had regular sexual encounters outside their union. His legal team said this was his way of coping with his difficult circumstances. Dogan had stated to a evaluator that each year he engaged in transactional encounters on his birthday. His attorneys stated to the court he had a medical condition triggered by the stress of the initial proceedings.