French Appeal Court Raises Prison Term for Gisele Pelicot Assailant

A man has been found guilty on appeal of sexually assaulting Gisele Pelicot after she was sedated by her husband – and has had his incarceration period extended to ten years.

Appeal Trial

The defendant, 44, an unemployed builder, who had challenged his initial guilty verdict last year, faced a appeal hearing this week at the appeals court in Nîmes.

A jury of nine jurors, joined by three judges, convicted Dogan on Thursday of sexually assaulting Pelicot in her bedroom in Provence in the morning of June 29, 2019.

The testimony revealed that Dogan, a married father, reached out to the victim's spouse, Dominique Pelicot, in an online chatroom titled “without her consent”, where the husband was recruiting men to come to his home to rape his wife once he had sedated her into a deep sleep.

“We hope the panel will affirm that in this society, fundamental rights are also women’s rights – that permission is personal, not transferred,” declared Gisèle Pelicot’s attorney, her legal representative. “Agreement is secured personally and not via a representative from a husband.”

Case History

The ex-husband, a notorious sexual predators in recent French history, was handed a sentence to 20 years in prison last year for incapacitating his spouse and inviting dozens of men to rape her in her home in the community of Mazan over a period of almost a decade of their union.

Numerous other individuals were found convicted in a high-profile trial last year, and Dogan was the only man to challenge his conviction. He was originally given a sentence to nine years in prison, a penalty enhanced on Thursday to ten years.

The lead state prosecutor, the prosecutor, had stated he should serve 12 years, because he “stubbornly rejects to take any blame”.

Evidence Presented

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

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

The courtroom became a key topic for a wider discussion on sexual violence norms in society as the defendant continued to say he was innocent and had not engaged in violation, arguing that because the victim's husband had welcomed him into the room, his conduct had been acceptable.

The jury in the higher court was displayed video evidence of Gisèle Pelicot’s unresponsive form, comatose and breathing heavily in a comatose state, while a grinning Dogan performed assault repeatedly over a timeframe of what investigators stated was several hours. The court official said she had been at risk of fatal outcome by choking. The prosecution said there was no doubt that she had been incapacitated and had not agreed.

Accused's Testimony

The defendant stated to the court the recordings were simply “sexual encounters” and disputed it was assault. 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 home, and therefore it was acceptable. He said he was manipulated by Dominique Pelicot. “I tried to halt,” the accused informed the court. “I proceeded because he convinced me.”

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

Victim's Response

The victim, who was cheered upon departing the trial each day by crowds gathered to stand with her, addressed the defendant in court: “You haven’t understood. When will you acknowledge you assaulted me? It is illegal to rape an unconscious woman. At what point did I give you agreement? Never.”

The victim, seventy-two, became an symbol of resistance after she relinquished her right to privacy in the trial last year when she said: “Guilt ought to transfer.”

Legal Commentary

Sie, speaking to the victim in court, said Dogan’s failure to take responsibility showed that: “Shame has not yet changed sides. The community is maybe in the process of that, maybe driven by the societal understanding spurred by the revelation of your situation.”

The prosecutor said the defendant's claims of non-guilt showed how societal tolerance was still widespread in society as part of “outdated” forms of “gender-based power”. He said: “Now we must change the culture of violence to a society based on agreement.”

Sie told Dogan: “While you reject it, it’s not just a person, it’s an entire sordid societal structure that you are endorsing.”

Biographical Details

The accused was originated from the country of Turkey and at the age of five moved to the nation of France, where his parent worked as a building manager. The testimony revealed that his father was violent and that Dogan began smoking cannabis at the age of ten. When he was 17 he was apprehended by authorities for dealing drugs and his parent evicted him the family house. He served time in prison for trafficking in his early 20s and had worked as a builder but had faced periods of living on the streets.

He was wed and had a child with special needs, who he was the principal carer for, as his spouse worked in a school canteen. The evidence showed his spouse did not know he had repeated intimate relations beyond their union. His defence said this was his strategy for managing with his challenging existence. The defendant had told a evaluator that once a year he looked for transactional encounters on his special day. His lawyers informed the court he had joint inflammation triggered by the stress of the original case.