French Higher Tribunal Raises Sentence for Gisele Pelicot Perpetrator

A defendant was declared guilty on higher court review of raping Gisele Pelicot after she was rendered comatose by her spouse – and has had his prison sentence raised to 10 years.

Retrial Proceedings

Dogan, 44, an out-of-work construction worker, who had contested his first conviction last year, underwent a retrial this week at the higher court in Nîmes.

A panel of five men and four women, joined by three judges, convicted Dogan on Thursday of raping Pelicot in her residence in southern France in the morning of 29 June 2019.

The court heard that the accused, a married father, reached out to Gisèle Pelicot’s spouse, Dominique Pelicot, in an internet forum called “without her consent”, where the husband was looking for men to come to his home to assault his wife once he had drugged her into a deep sleep.

“We hope the court will say loud and clear that in this nation, fundamental rights are also rights of women – that agreement is individual, not given by another,” declared Gisèle Pelicot’s lawyer, her legal representative. “Consent is obtained directly and not through someone else from a husband.”

Case History

Dominique Pelicot, a notorious sexual predators in France's contemporary records, was handed a sentence to 20 years in prison last year for sedating his then wife and inviting multiple perpetrators to rape her in her home in the town of Mazan over a span of many years of their union.

Dozens of additional defendants were found culpable in a high-profile trial last year, and Dogan was the single defendant to challenge his conviction. He was originally given a sentence to nine years in prison, a punishment increased on Thursday to 10 years.

The chief prosecutor, the prosecutor, had argued he should serve 12 years, because he “completely denies to take any blame”.

Testimony and Proof

The defendant had first sent Dominique Pelicot sexually explicit photos and then traveled an hour from his village in Provence to rape Gisèle Pelicot, after notifying his wife he was leaving, the testimony revealed.

Pelicot, who was brought from solitary confinement in prison to temporarily provide testimony at the hearing, stated to the court that Dogan had been aware his wife had been “incapacitated” and he said to men by phone: “I want someone to assault my wife after I’ve sedated her without her consent.”

The proceedings became a central issue for a larger conversation on societal attitudes in society as Dogan continued to say he was not guilty and had not engaged in violation, contending that because the victim's husband had invited him into the room, his conduct had been acceptable.

The panel in the higher court was presented with recorded footage of Gisèle Pelicot’s limp body, sedated and snoring in a comatose state, while a smiling the perpetrator performed assault on several occasions over a period of what authorities reported was 3.5 hours. The court official said she had been at risk of death by suffocation. The state prosecution said there was no question that she had been incapacitated and had not given permission.

Defendant's Statements

The defendant stated to the court the recordings were simply “sex scenes” and denied it was violation. He said what he did was “an intimate behavior”, not assault. He stated the court: “I did not commit rape.” He said the victim's husband had invited him to the home, and therefore it was permissible. He said he was influenced by the husband. “I tried to halt,” the accused informed the court. “I carried on because he convinced me.”

Inquired if he wanted to make a last words to the court, Dogan said: “I never wanted to hurt that lady.”

Victim's Response

Gisèle Pelicot, who was supported upon departing the trial each day by crowds present to support her, said to the defendant in court: “You fail to comprehend. When will you admit you assaulted me? It is illegal to assault an unconscious woman. When did I ever give you permission? Never.”

Gisèle Pelicot, seventy-two, became an symbol of resistance after she gave up her right to anonymity in the trial last year when she said: “The shame should shift.”

State's Argument

Sie, turning to the victim in court, said the defendant's unwillingness to take blame showed that: “The shame remains. The community is maybe in the course of that, maybe propelled by the collective awareness resulting from the revelation of your ordeal.”

Sie said Dogan’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 rape culture to a society based on agreement.”

Sie addressed the defendant: “For as much as you deny it, it’s not just a woman, it’s an entire sordid societal structure that you are endorsing.”

Personal History

The accused was born in Turkey and at the age of 5 relocated to France, where his father worked as a caretaker. The evidence indicated that his father was violent and that the defendant began smoking cannabis aged 10. When he was seventeen he was caught by authorities for selling narcotics and his father forced him to leave the residence. He served time in prison for drug dealing in his twenties and had worked as a laborer but had faced periods of homelessness.

He was wed and had a son with Down’s syndrome, who he was the primary guardian for, as his wife worked in a educational cafeteria. The evidence showed his spouse did not know he had repeated sexual encounters outside their union. His defence said this was his method of dealing with his difficult circumstances. Dogan had informed a mental health expert that each year he sought transactional encounters on his special day. His legal representatives stated to the court he had joint inflammation caused by the pressure of the original case.