France's Appeal Tribunal Raises Prison Term for Gisele Pelicot Rapist

A defendant was convicted on retrial of raping Gisèle Pelicot following she was sedated by her then-husband – and has had his incarceration period increased to 10 years.

Retrial Proceedings

The defendant, forty-four, an unemployed builder, who had appealed his first conviction last year, underwent a new trial this week at the Nîmes court of appeal.

A jury of five men and four women, joined by three judges, convicted Dogan on Thursday of sexually assaulting Pelicot in her bedroom in the south of France in the morning of 29 June 2019.

The evidence showed that the accused, a family man, made contact with Gisèle Pelicot’s spouse, Dominique Pelicot, in an online chatroom named “unbeknownst to her”, where the husband was recruiting men to enter his residence to assault his wife after he had drugged her into a unconscious state.

We expect the jury will affirm that in this nation, fundamental rights are also rights of women – that permission is individual, not delegated,” stated Gisèle Pelicot’s lawyer, Antoine Camus. “Permission is secured directly and not via a representative from a husband.”

Case History

Dominique Pelicot, among the most severe sex offenders in modern French history, was sentenced to two decades in prison last year for drugging his wife at the time and soliciting numerous individuals to rape her in her home in the town of the village of Mazan over a span of almost a decade of their marriage.

Dozens of additional defendants were found culpable in a notable trial last year, and Dogan was the sole individual to challenge his verdict. He was first given a sentence to nine years in prison, a penalty increased on Thursday to a decade.

The chief prosecutor, Dominique Sie, had argued he should serve 12 years, because he “completely denies to take any responsibility”.

Testimony and Proof

Dogan had first sent Dominique Pelicot graphic images and then traveled an hour from his town in the region to rape the victim, after notifying his wife he was leaving, the testimony revealed.

Pelicot, who was transported from isolation in prison to temporarily give evidence at the hearing, told the court that the accused had known his wife had been “incapacitated” 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 key topic for a broader debate on sexual violence norms in society as the defendant continued to claim he was not guilty and had not committed rape, arguing that because Gisèle Pelicot’s husband had welcomed him into the bedroom, his conduct had been acceptable.

The jury in the Nîmes appeals court was shown recorded footage of the victim's unresponsive form, sedated and snoring in a deep sleep, while a smiling the perpetrator engaged in violation repeatedly over a duration of what authorities reported was several hours. The judge said she had been at danger of death by asphyxiation. The state's case said there was no question that she had been unconscious and had not agreed.

Accused's Testimony

The defendant informed the court the recordings were simply “intimate moments” and rejected it was rape. He said what he did was “a consensual activity”, not assault. He stated the court: “I never raped.” He said Gisèle Pelicot’s husband had invited him to the residence, and therefore it was acceptable. He said he was manipulated by Dominique Pelicot. “I attempted to cease,” the accused told the court. “I carried on because he convinced me.”

Inquired if he wanted to make a closing remarks to the court, Dogan said: “I had no desire to injure that individual.”

Victim's Response

The victim, who was applauded upon departing the trial each day by onlookers assembled to back her, said to the defendant in court: “You fail to comprehend. When are you going to recognise you violated me? It’s a crime to rape an unconscious woman. At what point did I give you consent? Never.”

The victim, 72, became an symbol of resistance after she gave up her right to privacy in the trial last year when she said: “The shame should shift.”

State's Argument

The prosecutor, addressing Gisèle Pelicot in court, said the defendant's failure to take responsibility showed that: “The shame remains. Society is maybe in the course of that, maybe motivated by the collective awareness brought by the revelation of your situation.”

The prosecutor said the defendant's claims of blamelessness showed how rape culture was still widespread in society as part of “outdated” forms of “gender-based power”. He said: “It is imperative to change the culture of violence to a society based on agreement.”

Sie addressed the defendant: “For as much as you refuse to admit it, it’s not just a person, it’s an whole unpleasant societal structure that you are upholding.”

Defendant's Background

Dogan was born in the country of Turkey and at the age of five relocated to the nation of France, where his parent worked as a building manager. The testimony revealed that his father was aggressive and that Dogan began using drugs aged 10. When Dogan was 17 he was apprehended by police for drug trafficking and his father evicted him of home. He spent time in prison for drug dealing in his early 20s and had worked as a laborer but had faced periods of living on the streets.

He was wed and had a child with Down’s syndrome, who he was the primary guardian for, as his wife worked in a school canteen. The court heard his wife did not know he had repeated extramarital activities beyond their union. His defence said this was his way of coping with his challenging existence. The defendant had informed a evaluator that annually he sought paid sex on his special day. His legal representatives stated to the court he had joint inflammation triggered by the pressure of the initial proceedings.