France's Higher Tribunal Uphighers Sentence for Gisele Pelicot Assailant

An individual was declared guilty on higher court review of sexually assaulting Gisèle Pelicot following she was sedated by her spouse – and has had his jail term raised to 10 years.

Appeal Trial

The defendant, forty-four, an out-of-work construction worker, who had contested his initial guilty verdict last year, underwent a appeal hearing this week at the appeals court in Nîmes.

A jury of four women and five men, joined by three judges, convicted Dogan on Thursday of sexually assaulting the victim in her bedroom in Provence in the early hours of 29 June 2019.

The evidence showed that the accused, a married father, made contact with Gisèle Pelicot’s then husband, Dominique Pelicot, in an online chatroom called “without her consent”, where Pelicot was looking for men to come to his home to assault his wife once he had drugged her into a comatose state.

We trust the jury will affirm that in this nation, fundamental rights are also rights of women – that agreement is individual, not given by another,” stated the victim's attorney, Antoine Camus. “Permission is obtained directly and not via a representative from a spouse.”

Case History

The ex-husband, one of the worst sex offenders in France's contemporary records, was given a prison term to twenty years in prison last year for incapacitating 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 duration of almost a decade of their union.

Numerous other individuals were found guilty in a notable trial last year, and the appellant was the only man to contest his verdict. He was initially sentenced to nine years in prison, a sentence increased on Thursday to ten years.

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

Testimony and Proof

Dogan had first sent Dominique Pelicot sexually explicit photos and then driven an hour from his town in the region to assault the victim, after telling his wife he was leaving, the evidence indicated.

The ex-husband, who was brought from segregation in prison to temporarily provide testimony at the hearing, told the court that Dogan had known his wife had been “sedated” and he told to men by phone: “I seek someone to violate my wife after I’ve put her to sleep unbeknownst to her.”

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

The panel in the higher court was presented with video evidence of the victim's unresponsive form, comatose and snoring in a unconscious condition, while a grinning Dogan performed assault on several occasions over a duration of what police said was several hours. The presiding judge said she had been at danger of death by choking. The state prosecution said there was absolute certainty that she had been incapacitated and had not consented.

Defendant's Statements

The defendant stated to the court the recordings were simply “intimate moments” and rejected it was assault. He said what he did was “a sexual act”, not assault. He told the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had allowed him to the residence, and therefore it was acceptable. He said he was deceived by Dominique Pelicot. “I wanted to stop,” the accused told the court. “I continued because he reassured me.”

Inquired if he wanted to make a last words to the court, the defendant said: “I never wanted to hurt that woman.”

Pelicot's Words

The victim, who was applauded upon exiting the courtroom each day by onlookers assembled to stand with her, said to the defendant in court: “You fail to comprehend. When are you going to recognise you raped me? It’s a crime to rape an unconscious woman. When did I ever give you agreement? Not once.”

The victim, 72, became an global icon after she relinquished her right to privacy in the trial last year when she said: “The shame should shift.”

Legal Commentary

The prosecutor, addressing the victim in court, said Dogan’s unwillingness to take blame showed that: “Shame has not yet changed sides. The community is possibly in the midst of that, maybe motivated by the collective awareness spurred by the exposure of your case.”

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

The prosecutor addressed the defendant: “For as much as you reject it, it’s not just a individual, it’s an complete unpleasant cultural framework that you are endorsing.”

Defendant's Background

Dogan was originated from Turkey and at the age of 5 relocated to the nation of France, where his parent worked as a concierge. The court heard that his parent was abusive and that the defendant began consuming marijuana at the age of 10. When Dogan was 17 he was apprehended by authorities for drug trafficking and his father evicted him the residence. He served time in prison for drug dealing in his young adulthood and had worked as a builder but had experienced periods of living on the streets.

He was married 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 extramarital activities beyond their union. His legal team said this was his strategy for managing with his stressful life. Dogan had told a evaluator that each year he looked for commercial sex on his birthday. His lawyers informed the court he had joint inflammation caused by the stress of the first trial.