France's Appeal Court Increases Prison Term for Gisele Pelicot Assailant

A defendant has been found guilty on appeal of sexually assaulting Gisèle Pelicot after she was sedated by her then-husband – and has had his prison sentence increased to 10 years.

Higher Court Case

Dogan, forty-four, an out-of-work construction worker, who had challenged his first conviction last year, underwent a appeal hearing this week at the appeals court in Nîmes.

A panel of nine jurors, accompanied by three judges, found Dogan guilty on Thursday of sexually assaulting Pelicot in her home in Provence in the morning of June 29, 2019.

The testimony revealed that Dogan, a married father, reached out to Gisèle Pelicot’s husband at the time, Dominique Pelicot, in an online chatroom titled “unbeknownst to her”, where the husband was seeking men to come to his home to assault his wife after he had rendered her unconscious into a comatose state.

“We hope the jury will declare that in this nation, fundamental rights are also women’s rights – that agreement is personal, not delegated,” stated Gisèle Pelicot’s attorney, her legal representative. “Permission is obtained personally and not by proxy from a spouse.”

Context

The ex-husband, one of the worst sex offenders in modern French history, was handed a sentence to 20 years in prison last year for drugging his spouse and soliciting numerous individuals to sexually assault her in her home in the community of Mazan over a span of nearly ten years of their marriage.

Fifty other men were found guilty in a notable trial last year, and the appellant was the sole individual to appeal against his verdict. He was originally given a sentence to nine years in prison, a punishment enhanced on Thursday to ten years.

The state's attorney, the prosecutor, had contended he should serve 12 years, because he “stubbornly rejects to take any accountability”.

Evidence Presented

The defendant had initially sent the husband graphic images and then traveled an hour from his residence in Provence to assault Gisèle Pelicot, after notifying his wife he was stepping out, the court heard.

Pelicot, who was transported from segregation in prison to temporarily testify at the appeal trial, stated to the court that Dogan had been aware his wife had been “incapacitated” and he told to men by phone: “I’m looking for someone to assault my wife after I’ve sedated her unbeknownst to her.”

The proceedings became a focus point for a larger conversation on rape culture in society as Dogan continued to say he was blameless and had not committed rape, stating that because the victim's husband had welcomed him into the room, his conduct had been acceptable.

The jury in the higher court was presented with video evidence of the victim's unconscious figure, sedated and breathing heavily in a comatose state, while a smiling Dogan performed assault multiple times over a period of what investigators stated was three and a half hours. The court official said she had been at peril of fatal outcome by asphyxiation. The prosecution said there was no question that she had been unaware and had not consented.

Defendant's Statements

Dogan told the court the recordings were simply “sexual encounters” and disputed it was assault. He said what he did was “a sexual act”, not rape. He stated the court: “I never raped.” He said Gisèle Pelicot’s husband had brought him to the home, and therefore it was permissible. He said he was manipulated by Dominique Pelicot. “I attempted to cease,” the accused informed the court. “I carried on because he reassured me.”

Inquired if he wanted to make a final statement to the court, Dogan said: “I did not intend to harm that woman.”

Victim's Response

The victim, who was applauded upon leaving court each day by crowds gathered to back her, addressed Dogan in court: “You do not grasp. When are you going to recognise you assaulted me? It is illegal to assault an unconscious woman. At what point did I give you agreement? Not once.”

The victim, 72, became an symbol of resistance after she waived her right to privacy in the trial last year when she said: “The shame should shift.”

Prosecutor's Remarks

The prosecutor, addressing Gisèle Pelicot in court, said Dogan’s failure to take accountability showed that: “The shame remains. The community is possibly in the process of that, maybe propelled by the collective awareness resulting from the revelation of your situation.”

Sie said Dogan’s claims of non-guilt showed how rape culture was still prevalent in society as part of “old-fashioned” forms of “patriarchal control”. He said: “We need to change the culture of violence to a ethos of permission.”

Sie said to Dogan: “While you refuse to admit it, it’s not just a woman, it’s an complete sordid societal structure that you are supporting.”

Defendant's Background

Dogan was originated from Turkey and at the age of 5 relocated to the nation of France, where his parent worked as a building manager. The court heard that his father was abusive and that Dogan began consuming marijuana aged ten. When Dogan was 17 he was stopped by police for dealing drugs and his parent forced him to leave the family house. He spent time in prison for drug dealing in his twenties and had worked as a construction worker but had experienced periods of being unhoused.

He was wed and had a child with special needs, who he was the main caregiver for, as his spouse worked in a institution's dining hall. The testimony revealed his spouse did not know he had regular sexual encounters outside their union. His defence said this was his strategy for managing with his stressful life. The defendant had told a court psychologist that annually he sought commercial sex on his birthday. His legal representatives stated to the court he had joint inflammation triggered by the pressure of the first trial.