French Appeal Court Uphighers Jail Time for Gisele Pelicot Rapist

An individual has been found guilty on appeal of raping Gisele Pelicot following she was rendered comatose by her spouse – and has had his jail term extended to ten years.

Higher Court Case

Dogan, 44, an unemployed builder, who had challenged his first conviction last year, underwent a retrial this week at the higher court in Nîmes.

A panel of nine jurors, joined by three judges, ruled against Dogan on Thursday of raping Pelicot in her residence in Provence in the morning of June 29, 2019.

The evidence showed that the accused, a married father, made contact with Gisèle Pelicot’s then husband, Dominique Pelicot, in an digital platform named “unbeknownst to her”, where Pelicot was looking for men to enter his residence to rape his wife once he had drugged her into a deep sleep.

“We hope the panel will affirm that in this nation, fundamental rights are also women’s rights – that agreement is individual, not transferred,” said Gisèle Pelicot’s attorney, Antoine Camus. “Permission is secured directly and not via a representative from a spouse.”

Case History

Dominique Pelicot, one of the worst sex offenders in France's contemporary records, was handed a sentence to 20 years in prison last year for drugging his then wife and inviting dozens of men to sexually assault her in her home in the community of Mazan over a period of almost a decade of their union.

Dozens of additional defendants were found convicted in a notable trial last year, and Dogan was the sole individual to contest his verdict. He was initially given a sentence to 9 years in prison, a sentence raised on Thursday to 10 years.

The state's attorney, the prosecutor, had contended he should serve twelve years, because he “absolutely refuses to take any responsibility”.

Testimony and Proof

Dogan had initially sent Dominique Pelicot graphic images and then driven an hour from his residence in the region to assault the victim, after notifying his wife he was stepping out, the testimony revealed.

Pelicot, who was brought from solitary confinement in prison to temporarily provide testimony at the hearing, informed the court that Dogan had understood his wife had been “drugged” and he said to men by phone: “I’m looking for someone to assault my wife after I’ve rendered her unconscious without her consent.”

The courtroom became a focus point for a broader debate on societal attitudes in society as Dogan continued to assert he was innocent and had not perpetrated assault, arguing that because Gisèle Pelicot’s husband had invited him into the room, his behavior had been justifiable.

The jury in the higher court was displayed recorded footage of Gisèle Pelicot’s unresponsive form, comatose and snoring in a comatose state, while a smiling the perpetrator performed assault multiple times over a duration of what police said was several hours. The presiding judge said she had been at risk of death by suffocation. The state prosecution said there was no doubt that she had been unconscious and had not agreed.

Accused's Testimony

The defendant stated to 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 home, and therefore it was permissible. He said he was deceived by Dominique Pelicot. “I attempted to cease,” the accused informed the court. “I continued because he convinced me.”

Questioned if he wanted to make a last words to the court, the defendant said: “I never wanted to injure that individual.”

Victim's Response

The survivor, who was supported upon leaving court each day by crowds present to stand with her, told the defendant in court: “You do not grasp. When will you admit you violated me? It is illegal to rape an incapacitated woman. How could I have give you agreement? Never.”

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

Legal Commentary

Sie, speaking to the victim in court, said Dogan’s unwillingness to take blame showed that: “The shame remains. The community is perhaps in the midst of that, possibly motivated by the public consciousness brought by the exposure of your ordeal.”

Sie said Dogan’s claims of blamelessness showed how rape culture was still widespread in society as part of “outdated” forms of “male domination”. He said: “It is imperative to change rape culture to a culture of consent.”

Sie addressed the defendant: “For as much as you reject it, it’s not just a individual, it’s an entire unpleasant societal structure that you are upholding.”

Personal History

Dogan was originated from the country of Turkey and at the age of 5 came to the nation of France, where his father worked as a caretaker. The evidence indicated that his father was aggressive and that the defendant began smoking cannabis at the age of 10. When he was seventeen he was apprehended by authorities for drug trafficking and his father kicked him out the family house. He served time in prison for trafficking in his early 20s and had worked as a builder but had undergone periods of being unhoused.

He was wed and had a son with a genetic condition, 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 frequent sexual encounters outside their marriage. His defence said this was his method of dealing with his stressful life. Dogan had informed a mental health expert that each year he looked for paid sex on his birthday. His attorneys stated to the court he had a medical condition resulting from the anxiety of the first trial.