France's Appeal Tribunal Raises Sentence for Gisèle Pelicot Rapist

A man has been found guilty on appeal of sexually assaulting Gisele Pelicot after she was drugged unconscious by her spouse – and was given his prison sentence raised to 10 years.

Higher Court Case

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

A jury of four women and five men, joined by three judges, ruled against Dogan on Thursday of sexually assaulting Pelicot in her residence in the south of France in the early hours of 29 June 2019.

The testimony revealed that Dogan, a family man, made contact with the victim's then husband, Dominique Pelicot, in an digital platform named “without her knowledge”, where Pelicot was seeking men to visit his house to rape his wife after he had drugged her into a deep sleep.

We trust the court will say loud and clear that in this society, human rights are also women’s rights – that agreement is personal, not delegated,” stated Gisèle Pelicot’s attorney, Antoine Camus. “Agreement is received directly and not through someone else from a spouse.”

Case History

Dominique Pelicot, a notorious sexual predators in modern French history, was given a prison term 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 community of Mazan over a period of almost a decade of their union.

Fifty other men were found guilty in a notable trial last year, and the appellant was the sole individual to challenge his sentence. He was originally handed a term to 9 years in prison, a penalty raised on Thursday to a decade.

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

Testimony and Proof

The defendant had first sent the husband graphic images and then driven an hour from his residence in the region to rape the victim, after telling his wife he was going out, the testimony revealed.

The ex-husband, who was brought from isolation in prison to temporarily provide testimony at the hearing, stated to the court that the accused had understood his wife had been “incapacitated” and he said to men by phone: “I want someone to assault my wife after I’ve sedated her unbeknownst to her.”

The proceedings became a key topic for a broader debate on societal attitudes in society as Dogan continued to claim he was blameless and had not committed rape, arguing that because the victim's husband had welcomed him into the bedroom, his conduct had been acceptable.

The panel in the higher court was displayed recorded footage of Gisèle Pelicot’s unresponsive form, comatose and snoring in a comatose state, while a smiling Dogan performed assault repeatedly over a period of what investigators stated was three and a half hours. The judge said she had been at danger of fatal outcome by asphyxiation. The state prosecution said there was no doubt that she had been unaware and had not given permission.

Dogan's Claims

The defendant stated to the court the footage were simply “sex scenes” and rejected it was assault. He said what he did was “an intimate behavior”, not rape. He declared the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had brought him to the residence, and therefore it was permissible. He said he was manipulated by Dominique Pelicot. “I tried to halt,” Dogan told the court. “I carried on because he persuaded me.”

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

Victim's Response

Gisèle Pelicot, who was supported upon exiting the courtroom each day by supporters present to stand with her, said to the defendant in court: “You fail to comprehend. When will you admit you raped me? It’s a crime to assault an unconscious woman. How could I have give you agreement? Never.”

Gisèle Pelicot, 72, became an global icon after she relinquished her right to privacy in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

Sie, addressing the victim in court, said Dogan’s unwillingness to take responsibility showed that: “Shame has not yet changed sides. The public is maybe in the course of that, possibly motivated by the societal understanding spurred by the revelation of your situation.”

Sie said the defendant's claims of blamelessness showed how rape culture was still widespread in society as part of “archaic” forms of “patriarchal control”. He said: “Now we must change rape culture to a culture of consent.”

Sie addressed the defendant: “As long as you reject it, it’s not just a individual, it’s an complete unpleasant societal structure that you are endorsing.”

Biographical Details

The accused was originated from Turkey and at the age of 5 came to France, where his father worked as a building manager. The testimony revealed that his father was abusive and that the defendant began using drugs at the age of ten. When Dogan was 17 he was apprehended by police for selling narcotics and his parent forced him to leave the family house. He was incarcerated in prison for trafficking in his young adulthood and had worked as a builder but had undergone periods of homelessness.

He was wed and had a son with a genetic condition, who he was the primary guardian for, as his spouse worked in a institution's dining hall. The testimony revealed his wife did not know he had regular intimate relations beyond their marriage. His defence said this was his strategy for managing with his stressful life. Dogan had informed a evaluator that annually he sought paid sex on his birthday. His lawyers informed the court he had a medical condition caused by the pressure of the initial proceedings.

Matthew Newman
Matthew Newman

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