French Appeal Court Increases Jail Time for Gisele Pelicot Perpetrator

A defendant was declared guilty on higher court review of sexually assaulting Gisèle Pelicot after she was drugged unconscious by her spouse – and was given his incarceration period increased to ten years.

Higher Court Case

The defendant, 44, an out-of-work construction worker, who had contested 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, found Dogan guilty on Thursday of sexually assaulting the victim in her home in southern France in the early hours of 29 June 2019.

The testimony revealed that the accused, a family man, reached out to the victim's then husband, Dominique Pelicot, in an online chatroom named “unbeknownst to her”, where Pelicot was looking for men to enter his residence to assault his wife after he had rendered her unconscious into a unconscious state.

We trust the court will declare that in this society, human rights are also rights of women – that permission is individual, not delegated,” stated the victim's attorney, her legal representative. “Agreement is secured directly and not by proxy from a spouse.”

Case History

Dominique Pelicot, one of the worst sexual predators in recent French history, was given a prison term to twenty years in prison last year for incapacitating his wife at the time and bringing in dozens of men to rape her in her home in the town of the village of Mazan over a duration of nearly ten years of their marriage.

Dozens of additional defendants were found culpable in a notable trial last year, and the appellant was the only man to challenge his conviction. He was initially handed a term to 9 years in prison, a penalty increased on Thursday to 10 years.

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

Courtroom Details

Dogan had first sent the husband inappropriate pictures and then traveled an hour from his town in the region to assault the victim, after telling his wife he was going out, the testimony revealed.

The ex-husband, who was brought from isolation in prison to temporarily provide testimony at the retrial, stated to the court that the accused had understood his wife had been “incapacitated” and he said to men by phone: “I’m looking for someone to abuse my wife after I’ve sedated her unbeknownst to her.”

The proceedings became a central issue for a broader debate on sexual violence norms in society as the defendant continued to claim he was innocent and had not committed rape, arguing that because the victim's husband had welcomed him into the room, his actions had been acceptable.

The panel in the Nîmes appeals court was presented with visual proof of Gisèle Pelicot’s unresponsive form, sedated and snoring in a deep sleep, while a smiling the perpetrator performed assault on several occasions over a duration of what police said was three and a half hours. The judge said she had been at danger of death by suffocation. The prosecution said there was absolute certainty that she had been unaware and had not consented.

Dogan's Claims

The defendant stated to the court the footage were simply “sexual encounters” and disputed it was rape. He said what he did was “an intimate behavior”, not rape. He declared 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 manipulated by the husband. “I wanted to stop,” the accused informed the court. “I carried on because he reassured me.”

Questioned if he wanted to make a closing remarks to the court, the defendant said: “I did not intend to hurt that woman.”

Survivor's Statement

The survivor, who was supported upon exiting the courtroom each day by supporters gathered to back her, addressed Dogan in court: “You haven’t understood. When are you going to recognise you assaulted me? It is unlawful to rape an unconscious woman. At what point did I give you consent? Not once.”

Gisèle Pelicot, 72, became an international feminist hero after she gave up her right to privacy in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

The prosecutor, speaking to Gisèle Pelicot in court, said the defendant's failure to take responsibility showed that: “The shame remains. Society is possibly in the course of that, perhaps driven by the collective awareness brought by the revelation of your ordeal.”

Sie said Dogan’s claims of innocence showed how rape culture was still widespread in society as part of “outdated” forms of “gender-based power”. He said: “We need to change the culture of violence to a culture of consent.”

Sie told the defendant: “As long as you reject it, it’s not just a individual, it’s an entire disturbing cultural framework that you are supporting.”

Personal History

The accused was originated from the country of Turkey and at the age of 5 came to France, where his parent worked as a building manager. The evidence indicated that his father was aggressive and that Dogan began consuming marijuana at the age of ten. When Dogan was 17 he was apprehended by police for drug trafficking and his parent forced him to leave of home. He was incarcerated in prison for trafficking in his twenties and had worked as a construction worker but had undergone periods of living on the streets.

He was married and had a child with special needs, who he was the primary guardian for, as his spouse worked in a school canteen. The testimony revealed his spouse did not know he had regular sexual encounters outside their marriage. His defence said this was his method of dealing with his stressful life. The defendant had stated to a mental health expert that each year he looked for commercial sex on his birthday. His attorneys told the court he had arthritis caused by the pressure of the initial proceedings.