French Appeal Court Raises Jail Time for Gisele Pelicot Rapist

An individual was declared guilty on higher court review of sexually assaulting Gisèle Pelicot after she was rendered comatose by her spouse – and received his prison sentence raised to ten years.

Higher Court Case

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

A panel of nine jurors, joined by three judges, convicted Dogan on Thursday of raping the victim in her bedroom in Provence in the morning of June 29, 2019.

The evidence showed that Dogan, a married father, made contact with Gisèle Pelicot’s husband at the time, the husband, in an internet forum titled “unbeknownst to her”, where Pelicot was looking for men to enter his residence to rape his wife once he had drugged her into a comatose state.

“We hope the panel will say loud and clear that in this country, human rights are also women’s rights – that consent is personal, not delegated,” declared Gisèle Pelicot’s lawyer, Antoine Camus. “Consent is received personally and not by proxy from a spouse.”

Background

The husband, one of the worst sexual predators in France's contemporary records, was handed a sentence to two decades in prison last year for incapacitating 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 duration of almost a decade of their marriage.

Numerous other individuals were found convicted in a notable trial last year, and Dogan was the sole individual to contest his verdict. He was first given a sentence to nine years in prison, a punishment increased on Thursday to ten years.

The lead state prosecutor, the prosecutor, had stated he should serve 12 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 town in the region to rape Gisèle Pelicot, after notifying his wife he was leaving, the court heard.

The ex-husband, who was brought from segregation in prison to briefly provide testimony at the appeal trial, stated to the court that the accused had been aware his wife had been “sedated” and he said to men by phone: “I seek someone to assault my wife after I’ve put her to sleep without her consent.”

The trial became a focus point for a wider discussion on sexual violence norms in society as the defendant continued to assert he was blameless and had not perpetrated assault, contending that because Gisèle Pelicot’s husband had welcomed him into the room, his actions had been justifiable.

The panel in the higher court was displayed visual proof of the victim's limp body, comatose and snoring in a comatose state, while a smiling the perpetrator committed rape multiple times over a duration of what investigators stated was several hours. The presiding judge said she had been at peril of fatal outcome by choking. The state's case said there was absolute certainty that she had been incapacitated and had not consented.

Accused's Testimony

The defendant told the court the recordings were simply “sex scenes” and denied it was violation. He said what he did was “a sexual act”, not rape. He declared the court: “I am innocent of assault.” He said the victim's husband had allowed him to the residence, and therefore it was acceptable. He said he was influenced by the husband. “I tried to halt,” Dogan stated to the court. “I continued because he reassured me.”

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

Survivor's Statement

Gisèle Pelicot, who was cheered upon exiting the courtroom each day by supporters assembled to back her, told Dogan in court: “You haven’t understood. When are you going to recognise you raped me? It’s a crime to rape an incapacitated woman. When did I ever give you agreement? Not once.”

Gisèle Pelicot, seventy-two, became an international feminist hero after she gave up her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”

Legal Commentary

Sie, speaking to Gisèle Pelicot in court, said the defendant's unwillingness to take blame showed that: “Guilt has not shifted. The public is possibly in the process of that, possibly motivated by the societal understanding resulting from the exposure of your case.”

The prosecutor said Dogan’s claims of blamelessness showed how societal tolerance was still prevalent in society as part of “archaic” forms of “patriarchal control”. He said: “We need to change rape culture to a culture of consent.”

Sie addressed the defendant: “For as much as you refuse to admit it, it’s not just a person, it’s an complete disturbing cultural framework that you are upholding.”

Personal History

Dogan was originated from Turkey and at the age of five came to France, where his father worked as a concierge. The testimony revealed that his father was abusive and that Dogan began smoking cannabis aged 10. When Dogan was seventeen he was stopped by police for selling narcotics and his parent evicted him of home. He served time in prison for trafficking in his twenties and had worked as a construction worker but had faced periods of living on the streets.

He was married and had a child with Down’s syndrome, who he was the principal carer for, as his spouse worked in a school canteen. The court heard his wife did not know he had repeated intimate relations outside their union. His defence said this was his method of dealing with his stressful life. Dogan had informed a mental health expert that once a year he engaged in transactional encounters on his birthday. His attorneys informed the court he had arthritis triggered by the stress of the first trial.