France's Higher Court Raises Sentence for Gisèle Pelicot Perpetrator

A man was declared guilty on higher court review of raping Gisele Pelicot following she was drugged unconscious by her spouse – and was given his jail term raised to 10 years.

Higher Court Case

The defendant, 44, an unemployed builder, who had challenged his first conviction last year, experienced a appeal hearing this week at the appeals court in Nîmes.

A jury of nine jurors, accompanied by three judges, convicted Dogan on Thursday of raping the victim in her residence in southern France in the early hours of June 29, 2019.

The testimony revealed that Dogan, a married father, reached out to the victim's then husband, Dominique Pelicot, in an digital platform named “unbeknownst to her”, where Pelicot was recruiting men to visit his house to rape his wife after he had drugged her into a deep sleep.

“We hope the jury will say loud and clear that in this country, human rights are also women’s rights – that permission is individual, not transferred,” said the victim's lawyer, her legal representative. “Permission is secured personally and not by proxy from a husband.”

Background

The husband, one of the worst sexual predators in recent French history, was given a prison term to two decades in prison last year for drugging his spouse and bringing in multiple perpetrators to rape her in her home in the town of the village of Mazan over a period of nearly ten years of their union.

Fifty other men were found convicted in a high-profile trial last year, and the appellant was the sole individual to challenge his verdict. He was initially sentenced to nine years in prison, a penalty increased on Thursday to a decade.

The state's attorney, the prosecutor, had contended he should serve twelve years, because he “stubbornly rejects to take any blame”.

Testimony and Proof

The defendant had first sent Dominique Pelicot sexually explicit photos and then traveled an hour from his town in Provence to rape the victim, after notifying his wife he was going out, the testimony revealed.

Pelicot, who was brought from segregation in prison to temporarily testify at the hearing, informed the court that the accused had known his wife had been “sedated” and he told to men by phone: “I seek someone to assault my wife after I’ve put her to sleep without her consent.”

The proceedings became a focus point for a larger conversation on sexual violence norms in society as the defendant continued to claim he was innocent and had not committed rape, arguing that because Gisèle Pelicot’s husband had allowed him into the bedroom, his behavior had been permissible.

The jury in the Nîmes appeals court was shown video evidence of the victim's limp body, sedated and snoring in a deep sleep, while a smiling Dogan engaged in violation on several occasions over a duration of what authorities reported was three and a half hours. The judge said she had been at danger of fatal outcome by choking. The state's case said there was no question that she had been unaware and had not agreed.

Accused's Testimony

The defendant informed the court the footage were simply “intimate moments” and denied it was rape. He said what he did was “an intimate behavior”, not assault. He stated the court: “I am innocent of assault.” He said the victim's husband had invited him to the home, and therefore it was acceptable. He said he was deceived by the husband. “I attempted to cease,” the accused stated to the court. “I continued because he persuaded me.”

Inquired if he wanted to make a final statement to the court, the defendant said: “I had no desire to harm that woman.”

Victim's Response

The victim, who was cheered upon exiting the courtroom each day by supporters assembled to support her, said to the defendant in court: “You fail to comprehend. When are you going to recognise you raped me? It is illegal to rape an unaware woman. When did I ever give you consent? At no time.”

The victim, seventy-two, became an symbol of resistance after she waived her right to anonymity in the trial last year when she said: “Shame must change sides.”

State's Argument

The prosecutor, addressing the victim in court, said Dogan’s refusal to take blame showed that: “Shame has not yet changed sides. Society is possibly in the midst of that, perhaps driven by the societal understanding spurred by the publication of your situation.”

Sie said the defendant's claims of innocence showed how rape culture was still prevalent in society as part of “archaic” forms of “patriarchal control”. He said: “It is imperative to change the culture of violence to a culture of consent.”

The prosecutor told the defendant: “For as much as you reject it, it’s not just a person, it’s an entire unpleasant societal structure that you are upholding.”

Defendant's Background

Dogan was originated from Turkey and at the age of 5 relocated to France, where his parent worked as a concierge. The evidence indicated that his parent was aggressive and that the defendant began smoking cannabis aged 10. When he was seventeen he was stopped by police for drug trafficking and his parent forced him to leave of home. He spent time in prison for narcotics offenses in his young adulthood and had worked as a builder but had undergone periods of homelessness.

He was wed and had a son with a genetic condition, who he was the principal carer for, as his spouse worked in a institution's dining hall. The evidence showed his spouse did not know he had frequent extramarital activities outside their union. His defence said this was his method of dealing with his difficult circumstances. Dogan had told a mental health expert that once a year he engaged in commercial sex on his birthday. His attorneys told the court he had joint inflammation resulting from the anxiety of the first trial.