France's Appeal Court Uphighers Sentence for Gisele Pelicot Assailant

A man was convicted on retrial of raping Gisèle Pelicot following she was rendered comatose by her husband – and has had his jail term extended to a decade.

Higher Court Case

Dogan, 44, an out-of-work construction worker, who had challenged his initial guilty verdict last year, faced a appeal hearing this week at the Nîmes court of appeal.

A jury of five men and four women, sitting with three judges, ruled against Dogan on Thursday of sexually assaulting Pelicot in her residence in Provence in the morning of June 29, 2019.

The testimony revealed that the accused, a family man, connected with the victim's then husband, Dominique Pelicot, in an online chatroom titled “unbeknownst to her”, where the husband was recruiting men to enter his residence to assault his wife once he had drugged her into a comatose state.

“We hope the panel will declare that in this nation, fundamental rights are also rights of women – that agreement is individual, not delegated,” declared the victim's lawyer, her legal representative. “Consent is received directly and not via a representative from a husband.”

Context

Dominique Pelicot, among the most severe sexual predators in recent French history, was given a prison term to two decades in prison last year for incapacitating his then wife and inviting multiple perpetrators to sexually assault her in her home in the Provence village of the village of Mazan over a period of nearly ten years of their marriage.

Numerous other individuals were found culpable in a widely publicized trial last year, and Dogan was the single defendant to contest his verdict. He was originally handed a term to nine years in prison, a penalty increased on Thursday to 10 years.

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

Testimony and Proof

Dogan had initially sent the husband sexually explicit photos 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.

The ex-husband, who was transported from segregation in prison to briefly give evidence at the appeal trial, told the court that Dogan had been aware his wife had been “drugged” and he said to men by phone: “I seek someone to violate my wife after I’ve put her to sleep without her consent.”

The trial became a central issue for a larger conversation on societal attitudes in society as the defendant continued to say he was not guilty and had not perpetrated assault, stating that because the victim's husband had allowed him into the room, his actions had been justifiable.

The panel in the higher court was displayed video evidence of Gisèle Pelicot’s unconscious figure, unconscious and breathing heavily in a deep sleep, while a grinning the perpetrator committed rape multiple times over a duration of what authorities reported was three and a half hours. The presiding judge said she had been at risk of death by suffocation. The state's case said there was no doubt that she had been unconscious and had not given permission.

Defendant's Statements

Dogan informed the court the recordings were simply “sexual encounters” 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 Gisèle Pelicot’s husband had invited him to the house, and therefore it was OK. He said he was influenced by the husband. “I tried to halt,” the accused told the court. “I continued because he reassured me.”

Inquired if he wanted to make a closing remarks to the court, the defendant said: “I never wanted to harm that lady.”

Survivor's Statement

The victim, who was supported upon departing the trial each day by crowds assembled to support her, addressed the defendant in court: “You do not grasp. When are you going to recognise you assaulted me? It is illegal to rape an incapacitated woman. How could I have give you agreement? Never.”

Gisèle Pelicot, 72, became an global icon after she relinquished her right to anonymity in the trial last year when she said: “Guilt ought to transfer.”

Legal Commentary

Sie, speaking to Gisèle Pelicot in court, said Dogan’s failure to take responsibility showed that: “Guilt has not shifted. Society is perhaps in the midst of that, maybe motivated by the collective awareness spurred 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 “old-fashioned” forms of “gender-based power”. He said: “Now we must change the culture of violence to a society based on agreement.”

The prosecutor addressed Dogan: “While you deny it, it’s not just a woman, it’s an entire disturbing societal structure that you are supporting.”

Personal History

Dogan was originated from the country of Turkey and at the age of 5 relocated to France, where his parent worked as a caretaker. The testimony revealed that his father was abusive and that the defendant began using drugs aged 10. When Dogan was seventeen he was caught by police for selling narcotics and his parent kicked him out the residence. He was incarcerated in prison for drug dealing in his twenties and had worked as a laborer but had undergone periods of living on the streets.

He was married and had a son with a genetic condition, who he was the primary guardian for, as his spouse worked in a institution's dining hall. The testimony revealed his wife did not know he had frequent sexual encounters beyond their marriage. His legal team said this was his method of dealing with his difficult circumstances. The defendant had stated to a mental health expert that each year he looked for transactional encounters on his birthday. His lawyers told the court he had arthritis caused by the stress of the original case.