France's Appeal Court Increases Prison Term for Gisèle Pelicot Assailant

An individual was convicted on retrial of sexually assaulting Gisele Pelicot following she was rendered comatose by her spouse – and has had his prison sentence increased to 10 years.

Appeal Trial

Dogan, 44, 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 nine jurors, sitting with three judges, ruled against Dogan on Thursday of sexually assaulting Pelicot in her bedroom in Provence in the early hours of 29 June 2019.

The testimony revealed that the accused, a family man, reached out to the victim's husband at the time, the husband, in an online chatroom called “without her consent”, where Pelicot was seeking men to enter his residence to rape his wife once he had drugged her into a deep sleep.

We trust the panel will declare that in this country, human rights are also women’s rights – that agreement is individual, not given by another,” said the victim's attorney, her legal representative. “Agreement is obtained personally and not through someone else from a spouse.”

Background

The ex-husband, a notorious sex offenders in modern French history, was sentenced to two decades in prison last year for drugging his then wife and bringing in dozens of men to sexually assault her in her home in the Provence village of Mazan over a span of nearly ten years of their marriage.

Dozens of additional defendants were found guilty in a notable trial last year, and Dogan was the single defendant to appeal against his sentence. He was first handed a term to nine years in prison, a punishment raised on Thursday to a decade.

The state's attorney, Dominique Sie, had contended he should serve twelve years, because he “completely denies to take any responsibility”.

Evidence Presented

Dogan had first sent Dominique Pelicot inappropriate pictures and then traveled an hour from his residence in the region to assault Gisèle Pelicot, after telling his wife he was stepping out, the court heard.

Pelicot, who was transported from isolation in prison to temporarily provide testimony at the appeal trial, told the court that the accused had understood his wife had been “sedated” and he told to men by phone: “I’m looking for someone to assault my wife after I’ve rendered her unconscious without her knowledge.”

The courtroom became a central issue for a larger conversation on sexual violence norms in society as Dogan continued to claim he was not guilty and had not perpetrated assault, stating that because the victim's husband had allowed him into the residence, his behavior had been justifiable.

The panel in the higher court was displayed visual proof of the victim's limp body, comatose and snoring in a deep sleep, while a grinning the perpetrator engaged in violation repeatedly over a timeframe of what police said was 3.5 hours. The court official said she had been at risk of fatal outcome by asphyxiation. The state prosecution said there was no question that she had been unconscious and had not agreed.

Dogan's Claims

Dogan told the court the videos 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 never raped.” He said Gisèle Pelicot’s husband had allowed him to the home, and therefore it was OK. He said he was deceived by Dominique Pelicot. “I tried to halt,” the accused told the court. “I continued because he persuaded me.”

Inquired if he wanted to make a last words to the court, the defendant said: “I did not intend to harm that individual.”

Survivor's Statement

Gisèle Pelicot, who was cheered upon departing the trial each day by crowds assembled to stand with her, addressed Dogan in court: “You fail to comprehend. When will you acknowledge you assaulted me? It is unlawful to assault an unconscious woman. At what point did I give you consent? Never.”

Gisèle Pelicot, seventy-two, became an global icon after she relinquished her right to privacy in the trial last year when she said: “Shame must change sides.”

Legal Commentary

The prosecutor, addressing the victim in court, said the defendant's unwillingness to take blame showed that: “The shame remains. The public is perhaps in the process of that, possibly motivated by the collective awareness spurred by the revelation of your ordeal.”

Sie said the defendant's claims of non-guilt showed how societal tolerance was still widespread in society as part of “outdated” forms of “male domination”. He said: “Now we must change the culture of violence to a ethos of permission.”

The prosecutor said to the defendant: “While you refuse to admit it, it’s not just a person, it’s an whole unpleasant cultural framework that you are upholding.”

Personal History

The accused was originated from Turkey and at the age of 5 moved to the nation of France, where his father worked as a caretaker. The court heard that his father was abusive and that Dogan began using drugs aged 10. When he was 17 he was caught by police for drug trafficking and his parent forced him to leave of home. He was incarcerated in prison for drug dealing in his young adulthood and had worked as a construction worker but had faced periods of homelessness.

He was wed and had a child with a genetic condition, who he was the principal carer for, as his wife worked in a school canteen. The evidence showed his wife did not know he had regular sexual encounters beyond their union. His defence said this was his strategy for managing with his difficult circumstances. The defendant had stated to a evaluator that annually he engaged in transactional encounters on his birthday. His attorneys stated to the court he had arthritis caused by the stress of the initial proceedings.