France's Appeal Tribunal Uphighers Jail Time for Gisèle Pelicot Assailant

A man was convicted on retrial of sexually assaulting Gisele Pelicot after she was drugged unconscious by her then-husband – and was given his incarceration period extended to a decade.

Appeal Trial

The defendant, forty-four, an out-of-work construction worker, who had appealed his initial guilty verdict last year, faced a appeal hearing this week at the appeals court in Nîmes.

A jury of nine jurors, accompanied by three judges, ruled against Dogan on Thursday of raping the victim in her residence in the south of France in the morning of June 29, 2019.

The testimony revealed that Dogan, a family man, connected with the victim's then husband, Dominique Pelicot, in an online chatroom named “without her knowledge”, where the husband was looking for men to visit his house to assault his wife once he had sedated her into a unconscious state.

We trust the court will affirm that in this society, fundamental rights are also rights of women – that agreement is personal, not given by another,” stated the victim's attorney, Antoine Camus. “Agreement is obtained directly and not by proxy from a spouse.”

Case History

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 numerous individuals to sexually assault her in her home in the community of the village of Mazan over a duration of many years of their union.

Numerous other individuals were found convicted in a high-profile trial last year, and Dogan was the only man to appeal against his conviction. He was first handed a term to nine years in prison, a sentence increased on Thursday to 10 years.

The lead state prosecutor, the prosecutor, had stated he should serve twelve years, because he “absolutely refuses to take any accountability”.

Evidence Presented

Dogan had initially sent the husband graphic images and then traveled an hour from his village in Provence to assault the victim, after notifying his wife he was leaving, the court heard.

Pelicot, who was transported from segregation in prison to temporarily provide testimony at the appeal trial, told the court that Dogan had been aware his wife had been “sedated” 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 courtroom became a focus point for a broader debate on societal attitudes in society as the defendant continued to assert he was not guilty and had not committed rape, contending that because Gisèle Pelicot’s husband had allowed him into the residence, his actions had been acceptable.

The jury in the Nîmes appeals court was shown visual proof of Gisèle Pelicot’s unresponsive form, sedated and breathing heavily in a comatose state, while a grinning the perpetrator committed rape multiple times over a duration of what investigators stated was three and a half hours. The presiding judge said she had been at risk of fatal outcome by asphyxiation. The state's case said there was no question that she had been unaware and had not given permission.

Defendant's Statements

The defendant informed the court the footage were simply “sexual encounters” and disputed it was assault. He said what he did was “a sexual act”, not rape. He told the court: “I did not commit rape.” He said the victim's husband had allowed him to the residence, and therefore it was permissible. He said he was manipulated by Dominique Pelicot. “I tried to halt,” Dogan informed the court. “I carried on because he reassured me.”

Asked if he wanted to make a final statement to the court, Dogan said: “I had no desire to hurt that lady.”

Survivor's Statement

The victim, who was applauded upon leaving court each day by crowds gathered to support her, told the defendant in court: “You haven’t understood. When will you admit you raped me? It’s a crime to rape an unaware woman. How could I have give you agreement? Not once.”

The victim, seventy-two, 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, turning to Gisèle Pelicot in court, said Dogan’s unwillingness to take responsibility showed that: “Shame has not yet changed sides. The community is perhaps in the midst of that, perhaps motivated by the societal understanding resulting from the exposure of your case.”

Sie said Dogan’s claims of non-guilt showed how normalized violence was still common in society as part of “outdated” forms of “patriarchal control”. He said: “We need to change rape culture to a society based on agreement.”

Sie told the defendant: “For as much as you reject it, it’s not just a woman, it’s an entire disturbing societal structure that you are supporting.”

Biographical Details

Dogan was born in Turkey and at the age of five came to the nation of France, where his father worked as a building manager. The court heard that his father was violent and that the defendant began smoking cannabis at the age of 10. When he was 17 he was apprehended by police for selling narcotics and his father kicked him out of home. He served time in prison for trafficking in his twenties and had worked as a construction worker but had faced periods of being unhoused.

He was married and had a child with special needs, who he was the main caregiver for, as his wife worked in a institution's dining hall. The testimony revealed his spouse did not know he had repeated extramarital activities beyond their marriage. His legal team said this was his method of dealing with his difficult circumstances. Dogan had stated to a court psychologist that once a year he engaged in commercial sex on his birthday. His attorneys stated to the court he had joint inflammation resulting from the pressure of the first trial.