French Appeal Court Uphighers Prison Term for Gisele Pelicot Perpetrator

An individual has been found guilty on retrial of sexually assaulting Gisèle Pelicot following she was drugged unconscious by her then-husband – and received his incarceration period extended to ten years.

Appeal Trial

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

A jury of nine jurors, accompanied by three judges, convicted Dogan on Thursday of raping Pelicot in her bedroom in the south of France in the morning of 29 June 2019.

The court heard that Dogan, a married father, reached out to the victim's husband at the time, Dominique Pelicot, in an digital platform named “unbeknownst to her”, where the husband was recruiting men to enter his residence to assault his wife once he had drugged her into a unconscious state.

“We hope the court will say loud and clear that in this country, human rights are also rights of women – that agreement is personal, not delegated,” stated Gisèle Pelicot’s lawyer, Antoine Camus. “Consent is secured personally and not through someone else from a husband.”

Case History

The husband, among the most severe sex offenders in France's contemporary records, was handed a sentence to two decades in prison last year for sedating his wife at the time and bringing in numerous individuals to rape her in her home in the community of the village of Mazan over a period of almost a decade of their union.

Numerous other individuals were found guilty in a widely publicized trial last year, and Dogan was the sole individual to challenge his sentence. He was first given a sentence to nine years in prison, a sentence increased on Thursday to ten years.

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

Evidence Presented

Dogan had first sent the husband sexually explicit photos and then driven an hour from his residence in Provence to assault the victim, after telling his wife he was stepping out, the court heard.

The ex-husband, who was transported from isolation in prison to briefly give evidence at the retrial, stated to the court that Dogan had known his wife had been “incapacitated” and he communicated to men by phone: “I’m looking for someone to violate my wife after I’ve rendered her unconscious without her consent.”

The proceedings became a focus point for a wider discussion on sexual violence norms in society as Dogan continued to assert he was innocent and had not committed rape, arguing that because Gisèle Pelicot’s husband had welcomed him into the room, his actions had been justifiable.

The jury in the Nîmes appeals court was shown visual proof of the victim's limp body, sedated and snoring in a unconscious condition, while a smiling Dogan engaged in violation repeatedly over a duration of what police said was 3.5 hours. The judge said she had been at peril of death by asphyxiation. The state prosecution said there was no question that she had been unconscious and had not given permission.

Dogan's Claims

The defendant stated to the court the videos were simply “sex scenes” and denied it was rape. He said what he did was “a consensual activity”, not assault. He declared the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had allowed him to the home, and therefore it was OK. He said he was deceived by the husband. “I tried to halt,” Dogan stated to the court. “I continued because he convinced me.”

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

Pelicot's Words

The survivor, who was applauded upon leaving court each day by crowds assembled to back her, said to Dogan in court: “You fail to comprehend. When are you going to recognise you raped me? It is unlawful to assault an unconscious woman. When did I ever give you agreement? Never.”

Gisèle Pelicot, 72, became an global icon after she relinquished her right to confidentiality in the trial last year when she said: “The shame should shift.”

Legal Commentary

Sie, addressing Gisèle Pelicot in court, said the defendant's failure to take accountability showed that: “Guilt has not shifted. Society is possibly in the midst of that, perhaps driven by the public consciousness spurred by the revelation of your situation.”

Sie said the defendant's claims of blamelessness showed how societal tolerance was still prevalent in society as part of “archaic” forms of “gender-based power”. He said: “It is imperative to change rape culture to a society based on agreement.”

The prosecutor said to the defendant: “For as much as you refuse to admit it, it’s not just a person, it’s an entire sordid social system that you are upholding.”

Biographical Details

Dogan was born in the country of Turkey and at the age of 5 came to France, where his father worked as a building manager. The testimony revealed that his parent was violent and that the defendant began smoking cannabis at the age of ten. When he was 17 he was caught by authorities for dealing drugs and his parent evicted him the family house. He was incarcerated in prison for drug dealing in his twenties and had worked as a laborer but had faced periods of living on the streets.

He was married and had a child with a genetic condition, who he was the primary guardian for, as his spouse worked in a school canteen. The evidence showed his spouse did not know he had frequent sexual encounters outside their marriage. His legal team said this was his method of dealing with his challenging existence. The defendant had informed a mental health expert that annually he looked for transactional encounters on his birthday. His legal representatives stated to the court he had a medical condition resulting from the stress of the first trial.

Dan Williams
Dan Williams

Maya is an avid hiker and outdoor enthusiast who has explored trails from coast to coast, sharing her gear insights and travel experiences.