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

An individual was convicted on appeal of raping Gisèle Pelicot following she was rendered comatose by her husband – and received his prison sentence extended to a decade.

Higher Court Case

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

A panel of four women and five men, sitting with three judges, convicted Dogan on Thursday of sexually assaulting Pelicot in her residence in the south of France in the early hours of June 29, 2019.

The court heard that the accused, a family man, connected with Gisèle Pelicot’s then husband, the husband, in an digital platform named “without her consent”, where Pelicot was seeking men to enter his residence to rape his wife after he had rendered her unconscious into a unconscious state.

“We hope the panel will affirm that in this society, fundamental rights are also women’s rights – that agreement is personal, not transferred,” said the victim's lawyer, her legal representative. “Permission is secured personally and not through someone else from a husband.”

Case History

The husband, among the most severe sex offenders in modern French history, was handed a sentence to twenty years in prison last year for sedating his spouse and inviting dozens of men to rape her in her home in the Provence village of Mazan over a span of almost a decade of their union.

Numerous other individuals were found culpable in a high-profile trial last year, and the appellant was the only man to challenge his sentence. He was first given a sentence to nine years in prison, a sentence increased on Thursday to 10 years.

The chief prosecutor, the prosecutor, had argued he should serve twelve years, because he “completely denies to take any blame”.

Courtroom Details

Dogan had initially sent the husband inappropriate pictures and then driven an hour from his residence in Provence to rape Gisèle Pelicot, after informing his wife he was stepping out, the court heard.

The ex-husband, who was transported from segregation in prison to briefly provide testimony at the appeal trial, told the court that Dogan had been aware his wife had been “incapacitated” and he communicated to men by phone: “I seek someone to assault my wife after I’ve sedated her without her knowledge.”

The proceedings became a key topic for a wider discussion on rape culture in society as Dogan continued to claim he was blameless and had not committed rape, stating that because the victim's husband had allowed him into the bedroom, his actions had been justifiable.

The panel in the higher court was displayed recorded footage of Gisèle Pelicot’s limp body, sedated and breathing heavily in a unconscious condition, while a smiling Dogan committed rape on several occasions over a period of what investigators stated was three and a half hours. The presiding judge said she had been at peril of fatal outcome by asphyxiation. The prosecution said there was absolute certainty that she had been incapacitated and had not given permission.

Defendant's Statements

The defendant informed the court the recordings 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 the victim's husband had invited him to the residence, and therefore it was permissible. He said he was influenced by Dominique Pelicot. “I attempted to cease,” the accused told the court. “I carried on because he reassured me.”

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

Pelicot's Words

Gisèle Pelicot, who was supported upon leaving court each day by onlookers gathered to back her, said to the defendant in court: “You haven’t understood. When will you acknowledge you raped me? It is illegal to rape an unaware woman. How could I have give you permission? Not once.”

Gisèle Pelicot, 72, became an symbol of resistance after she gave up her right to confidentiality in the trial last year when she said: “Shame must change sides.”

State's Argument

Sie, addressing Gisèle Pelicot in court, said the defendant's refusal to take responsibility showed that: “Shame has not yet changed sides. The community is possibly in the process of that, possibly propelled by the public consciousness brought by the exposure of your case.”

The prosecutor said Dogan’s claims of innocence showed how rape culture was still prevalent in society as part of “archaic” forms of “male domination”. He said: “Now we must change rape culture to a culture of consent.”

The prosecutor told Dogan: “While you deny it, it’s not just a individual, it’s an complete unpleasant cultural framework that you are upholding.”

Defendant's Background

The accused was originated from Turkey and at the age of five came to the nation of France, where his father worked as a concierge. The court heard that his father was abusive and that the defendant began consuming marijuana at the age of 10. When he was 17 he was caught by authorities for dealing drugs and his father evicted him the family house. He was incarcerated 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 wed and had a son with special needs, who he was the primary guardian for, as his wife worked in a educational cafeteria. The evidence showed his wife did not know he had regular extramarital activities beyond their marriage. His legal team said this was his way of coping with his difficult circumstances. The defendant had informed a mental health expert that each year he sought commercial sex on his special day. His lawyers informed the court he had a medical condition caused by the pressure of the initial proceedings.