French Appeal Tribunal Raises Sentence for Gisele Pelicot Rapist

A man has been found guilty on appeal of raping Gisele Pelicot following she was drugged unconscious by her husband – and received his jail term increased to a decade.

Retrial Proceedings

The defendant, 44, an out-of-work construction worker, who had contested his initial guilty verdict last year, underwent a retrial this week at the Nîmes court of appeal.

A panel of nine jurors, joined by three judges, ruled against Dogan on Thursday of raping the victim in her residence in the south of France in the early hours of June 29, 2019.

The court heard that the accused, a married father, made contact with Gisèle Pelicot’s husband at the time, the husband, in an digital platform called “unbeknownst to her”, where the husband was looking for men to come to his home to assault his wife once he had drugged her into a comatose state.

“We hope the court will declare that in this society, fundamental rights are also women’s rights – that consent is personal, not given by another,” stated the victim's lawyer, her legal representative. “Agreement is obtained personally and not through someone else from a spouse.”

Background

Dominique Pelicot, a notorious sex offenders in recent French history, was sentenced to 20 years in prison last year for incapacitating his then wife and soliciting dozens of men to sexually assault her in her home in the Provence village of the village of Mazan over a period of almost a decade of their marriage.

Dozens of additional defendants were found convicted in a high-profile trial last year, and Dogan was the sole individual to contest his sentence. He was originally sentenced to 9 years in prison, a penalty enhanced on Thursday to a decade.

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

Testimony and Proof

Dogan had first sent the husband inappropriate pictures and then traveled an hour from his village in Provence to rape Gisèle Pelicot, after informing his wife he was stepping out, the testimony revealed.

The ex-husband, who was brought from solitary confinement in prison to temporarily provide testimony at the retrial, told the court that the accused had understood his wife had been “sedated” and he told to men by phone: “I want someone to assault my wife after I’ve sedated her without her consent.”

The trial became a focus point for a broader debate on societal attitudes in society as the defendant continued to assert he was blameless and had not engaged in violation, arguing that because Gisèle Pelicot’s husband had welcomed him into the bedroom, his actions had been acceptable.

The panel in the Nîmes appeals court was displayed visual proof of Gisèle Pelicot’s unconscious figure, unconscious and snoring in a comatose state, while a smiling Dogan performed assault multiple times over a period of what police said was 3.5 hours. The judge said she had been at peril of fatal outcome by choking. The state's case said there was no doubt that she had been unconscious and had not agreed.

Defendant's Statements

The defendant informed the court the videos were simply “sex scenes” and rejected it was violation. He said what he did was “a consensual activity”, not rape. He declared the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had brought him to the residence, and therefore it was permissible. He said he was deceived by the husband. “I wanted to stop,” Dogan informed the court. “I proceeded because he convinced me.”

Inquired if he wanted to make a closing remarks to the court, the defendant said: “I never wanted to hurt that individual.”

Pelicot's Words

The victim, who was cheered upon departing the trial each day by supporters present to back her, told the defendant in court: “You fail to comprehend. When will you admit you violated me? It is unlawful to rape an incapacitated woman. At what point did I give you permission? Never.”

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

Prosecutor's Remarks

The prosecutor, turning to the victim in court, said the defendant's unwillingness to take responsibility showed that: “Shame has not yet changed sides. The public is maybe in the midst of that, perhaps driven by the collective awareness resulting from the exposure of your ordeal.”

The prosecutor said the defendant's claims of innocence showed how normalized violence was still common in society as part of “old-fashioned” forms of “patriarchal control”. He said: “Now we must change the culture of violence to a culture of consent.”

Sie said to the defendant: “For as much as you reject it, it’s not just a individual, it’s an complete disturbing societal structure that you are upholding.”

Defendant's Background

The accused was originated from the country of Turkey and at the age of five came to the nation of France, where his parent worked as a building manager. The evidence indicated that his father was aggressive and that the defendant began smoking cannabis at the age of 10. When he was seventeen he was stopped by police for selling narcotics and his parent kicked him out the family house. He spent time in prison for trafficking in his early 20s and had worked as a laborer but had experienced periods of living on the streets.

He was wed and had a son with Down’s syndrome, who he was the main caregiver for, as his spouse worked in a educational cafeteria. The evidence showed his spouse did not know he had regular extramarital activities outside their union. His legal team said this was his way of coping with his challenging existence. The defendant had informed a evaluator that once a year he engaged in transactional encounters on his birthday. His lawyers informed the court he had a medical condition caused by the pressure of the initial proceedings.