France's Higher Tribunal Increases Sentence for Gisèle Pelicot Assailant

An individual has been found guilty on appeal of raping Gisele Pelicot following she was sedated by her husband – and has had his prison sentence raised to a decade.

Retrial Proceedings

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

A panel of nine jurors, joined by three judges, convicted Dogan on Thursday of raping the victim in her residence in Provence in the morning of June 29, 2019.

The testimony revealed that the accused, a family man, made contact with the victim's then husband, the husband, in an internet forum named “without her knowledge”, where Pelicot was recruiting men to visit his house to assault his wife after he had rendered her unconscious into a comatose state.

“We hope the panel will declare that in this country, human rights are also rights of women – that permission is personal, not delegated,” stated Gisèle Pelicot’s attorney, her legal representative. “Permission is received personally and not by proxy from a husband.”

Background

Dominique Pelicot, among the most severe sexual predators in recent French history, was handed a sentence to 20 years in prison last year for incapacitating his then wife and bringing in numerous individuals to sexually assault her in her home in the Provence village of Mazan over a duration of many years of their union.

Fifty other men were found culpable in a high-profile trial last year, and the appellant was the only man to contest his verdict. He was first given a sentence to 9 years in prison, a punishment increased on Thursday to a decade.

The chief prosecutor, Dominique Sie, had stated he should serve 12 years, because he “stubbornly rejects to take any responsibility”.

Courtroom Details

Dogan had first sent the husband graphic images and then driven an hour from his village in Provence to assault Gisèle Pelicot, after informing his wife he was stepping out, the court heard.

The ex-husband, who was brought from segregation in prison to temporarily give evidence at the appeal trial, informed the court that Dogan had been aware his wife had been “incapacitated” and he said to men by phone: “I seek someone to abuse my wife after I’ve rendered her unconscious unbeknownst to her.”

The proceedings became a central issue for a larger conversation on rape culture 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 invited him into the residence, his actions had been acceptable.

The jury in the Nîmes appeals court was shown visual proof of Gisèle Pelicot’s unconscious figure, comatose and snoring in a comatose state, while a grinning the perpetrator performed assault on several occasions over a timeframe of what police said was several hours. The judge said she had been at peril of death by suffocation. The state's case said there was no doubt that she had been unaware and had not given permission.

Dogan's Claims

Dogan informed the court the footage were simply “intimate moments” and disputed it was violation. He said what he did was “an intimate behavior”, not rape. He declared the court: “I did not commit rape.” He said the victim's husband had allowed him to the residence, and therefore it was acceptable. He said he was influenced by the husband. “I wanted to stop,” Dogan stated to the court. “I proceeded because he convinced me.”

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

Victim's Response

The survivor, who was cheered upon exiting the courtroom each day by crowds present to back her, told the defendant in court: “You do not grasp. When will you acknowledge you violated me? It’s a crime to rape an incapacitated woman. At what point did I give you agreement? At no time.”

The victim, seventy-two, became an global icon after she waived her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”

State's Argument

The prosecutor, speaking to Gisèle Pelicot in court, said the defendant's unwillingness to take blame showed that: “The shame remains. Society is possibly in the midst of that, maybe driven by the public consciousness spurred by the revelation of your situation.”

Sie said Dogan’s claims of blamelessness showed how societal tolerance was still widespread in society as part of “old-fashioned” forms of “male domination”. He said: “We need to change the culture of violence to a culture of consent.”

The prosecutor addressed Dogan: “As long as you refuse to admit it, it’s not just a person, it’s an complete disturbing social system that you are upholding.”

Personal History

Dogan was born in the country of Turkey and at the age of 5 moved to France, where his father worked as a caretaker. The evidence indicated that his parent was abusive and that Dogan began using drugs aged 10. When he was seventeen he was caught by police for drug trafficking and his father kicked him out the residence. He was incarcerated in prison for trafficking in his young adulthood and had worked as a laborer but had undergone periods of being unhoused.

He was married and had a son with special needs, who he was the main caregiver for, as his wife worked in a institution's dining hall. The evidence showed his wife did not know he had repeated extramarital activities outside their union. His legal team said this was his strategy for managing with his challenging existence. The defendant had stated to a mental health expert that annually he sought transactional encounters on his birthday. His legal representatives informed the court he had arthritis caused by the stress of the original case.

John Huang
John Huang

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