France's Higher Court Raises Jail Time for Gisele Pelicot Perpetrator

A man was declared guilty on appeal of raping Gisèle Pelicot after she was rendered comatose by her then-husband – and has had his incarceration period raised to ten years.

Retrial Proceedings

The defendant, forty-four, an unemployed builder, who had appealed his first conviction last year, experienced a new trial this week at the appeals court in Nîmes.

A jury of four women and five men, accompanied by three judges, found Dogan guilty on Thursday of sexually assaulting the victim in her bedroom in the south of France in the morning of 29 June 2019.

The testimony revealed that the accused, a family man, made contact with the victim's spouse, Dominique Pelicot, in an online chatroom named “without her knowledge”, where Pelicot was seeking men to visit his house to rape his wife after he had rendered her unconscious into a deep sleep.

We expect the court will say loud and clear that in this nation, fundamental rights are also women’s rights – that consent is personal, not delegated,” stated the victim's attorney, Antoine Camus. “Agreement is received directly and not by proxy from a spouse.”

Background

Dominique Pelicot, among the most severe sex offenders in France's contemporary records, was sentenced 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 town of Mazan over a duration of nearly ten years of their union.

Numerous other individuals were found culpable in a notable trial last year, and the appellant was the only man to challenge his sentence. He was originally handed a term to nine years in prison, a sentence raised on Thursday to ten years.

The chief prosecutor, the prosecutor, had contended he should serve twelve years, because he “stubbornly rejects to take any accountability”.

Courtroom Details

The defendant had first sent the husband graphic images and then traveled an hour from his town in Provence to rape Gisèle Pelicot, after informing his wife he was leaving, the testimony revealed.

Pelicot, who was transported from solitary confinement in prison to briefly testify at the hearing, told the court that the accused had been aware his wife had been “drugged” and he communicated to men by phone: “I want someone to violate my wife after I’ve put her to sleep unbeknownst to her.”

The proceedings became a key topic for a wider discussion on rape culture in society as the defendant continued to claim he was not guilty and had not committed rape, stating that because Gisèle Pelicot’s husband had allowed him into the residence, his conduct had been acceptable.

The panel in the higher court was shown visual proof of the victim's unresponsive form, sedated and breathing heavily in a deep sleep, while a smiling the perpetrator engaged in violation on several occasions over a duration of what authorities reported was several hours. The judge said she had been at danger of death by choking. The prosecution said there was absolute certainty that she had been unaware and had not consented.

Dogan's Claims

The defendant informed the court the recordings were simply “sex scenes” and rejected it was rape. He said what he did was “a sexual act”, not rape. He stated the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had invited him to the residence, and therefore it was acceptable. He said he was manipulated by the husband. “I wanted to stop,” Dogan stated to the court. “I proceeded because he convinced me.”

Asked if he wanted to make a final statement to the court, the defendant said: “I never wanted to hurt that woman.”

Survivor's Statement

Gisèle Pelicot, who was supported upon exiting the courtroom each day by onlookers assembled to support her, said to Dogan in court: “You haven’t understood. When will you acknowledge you violated me? It is unlawful to assault an unconscious woman. At what point did I give you agreement? At no time.”

The victim, 72, became an international feminist hero after she waived her right to privacy in the trial last year when she said: “Shame must change sides.”

Legal Commentary

The prosecutor, speaking to Gisèle Pelicot in court, said the defendant's unwillingness to take accountability showed that: “Shame has not yet changed sides. Society is maybe in the course of that, maybe driven by the societal understanding resulting from the exposure of your case.”

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

Sie told the defendant: “While you reject it, it’s not just a person, it’s an whole disturbing cultural framework that you are supporting.”

Personal History

The accused was originated from Turkey and at the age of five moved to the nation of France, where his parent worked as a caretaker. The court heard that his parent was abusive and that the defendant began using drugs at the age of 10. When he was 17 he was caught by authorities for selling narcotics and his parent kicked him out the family house. He served time in prison for trafficking in his twenties and had worked as a builder but had experienced periods of living on the streets.

He was wed and had a child with a genetic condition, who he was the main caregiver for, as his spouse worked in a school canteen. The evidence showed his wife did not know he had regular extramarital activities outside their marriage. His defence said this was his strategy for managing with his difficult circumstances. Dogan had told a court psychologist that once a year he engaged in commercial sex on his birthday. His lawyers stated to the court he had joint inflammation triggered by the anxiety of the first trial.

Monique Morton
Monique Morton

Elara Vance is a software engineer and open source advocate with over a decade of experience in tech innovation and community building.