France's Appeal Court Uphighers Prison Term for Gisèle Pelicot Perpetrator

A man was declared guilty on appeal of sexually assaulting Gisèle Pelicot following she was sedated by her husband – and was given his prison sentence raised to 10 years.

Higher Court Case

Dogan, 44, an out-of-work construction worker, who had challenged his first conviction last year, faced a new trial this week at the higher 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, connected with Gisèle Pelicot’s then husband, Dominique Pelicot, in an online chatroom named “without her consent”, where Pelicot was seeking men to visit his house to assault his wife after he had rendered her unconscious into a unconscious state.

We expect the jury will declare that in this country, human rights are also women’s rights – that agreement is individual, not delegated,” stated Gisèle Pelicot’s attorney, Antoine Camus. “Permission is secured personally and not through someone else from a spouse.”

Case History

The ex-husband, among the most severe sexual predators 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 dozens of men to sexually assault her in her home in the community of the village of Mazan over a span of nearly ten years of their marriage.

Dozens of additional defendants were found guilty in a notable trial last year, and Dogan was the single defendant to appeal against his sentence. He was originally handed a term to 9 years in prison, a penalty increased on Thursday to 10 years.

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

Evidence Presented

Dogan had first sent the husband inappropriate pictures and then traveled an hour from his town in the region to assault the victim, after notifying his wife he was going out, the evidence indicated.

The ex-husband, who was transported from isolation in prison to temporarily testify at the appeal trial, stated to the court that Dogan had been aware his wife had been “drugged” and he said to men by phone: “I want someone to abuse my wife after I’ve sedated her without her consent.”

The proceedings became a focus point for a broader debate on societal attitudes in society as the defendant continued to say he was innocent and had not engaged in violation, contending that because the victim's husband had allowed him into the room, his conduct had been permissible.

The panel in the higher court was presented with visual proof of the victim's unconscious figure, unconscious and breathing heavily in a comatose state, while a grinning the perpetrator committed rape repeatedly over a period of what police said was several hours. The court official said she had been at peril of death by suffocation. The prosecution said there was no question that she had been unaware and had not given permission.

Accused's Testimony

The defendant stated to the court the videos were simply “sexual encounters” and denied it was rape. He said what he did was “a consensual activity”, not assault. He declared the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had allowed him to the home, and therefore it was acceptable. He said he was influenced by the husband. “I attempted to cease,” the accused told the court. “I continued because he reassured me.”

Questioned if he wanted to make a closing remarks to the court, Dogan said: “I never wanted to injure that lady.”

Survivor's Statement

The survivor, who was applauded upon leaving court each day by onlookers gathered to stand with her, said to the defendant in court: “You fail to comprehend. When will you acknowledge you assaulted me? It is unlawful to rape an unaware woman. When did I ever give you permission? At no time.”

The victim, seventy-two, became an global icon after she gave up her right to anonymity in the trial last year when she said: “Shame must change sides.”

State's Argument

The prosecutor, turning to Gisèle Pelicot in court, said Dogan’s refusal to take blame showed that: “Shame has not yet changed sides. The community is perhaps in the course of that, maybe motivated by the collective awareness brought by the revelation of your case.”

The prosecutor said the defendant's claims of blamelessness showed how rape culture was still common in society as part of “outdated” forms of “male domination”. He said: “We need to change rape culture to a culture of consent.”

The prosecutor told the defendant: “For as much as you deny it, it’s not just a woman, it’s an whole disturbing societal structure that you are supporting.”

Biographical Details

The accused was originated from the country of Turkey and at the age of 5 relocated to France, where his father worked as a building manager. The testimony revealed that his parent was aggressive and that the defendant began consuming marijuana at the age of 10. When he was 17 he was apprehended by police for drug trafficking and his father forced him to leave the family house. He was incarcerated in prison for narcotics offenses in his twenties and had worked as a builder but had faced periods of homelessness.

He was married and had a child with special needs, who he was the main caregiver for, as his spouse worked in a institution's dining hall. The court heard his wife did not know he had regular extramarital activities outside their union. His legal team said this was his method of dealing with his stressful life. Dogan had told a evaluator that each year he sought commercial sex on his special day. His legal representatives told the court he had arthritis caused by the anxiety of the initial proceedings.

Melanie Sullivan
Melanie Sullivan

Maya Chen is a tech journalist and digital strategist with over a decade of experience covering emerging technologies and startup ecosystems.

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