France's Appeal Tribunal Raises Jail Time for Gisele Pelicot Rapist

An individual has been found guilty on retrial of raping Gisèle Pelicot following she was drugged unconscious by her husband – and was given his prison sentence increased to ten years.

Appeal Trial

Dogan, forty-four, an out-of-work construction worker, who had contested his initial guilty verdict last year, underwent a retrial this week at the Nîmes court of appeal.

A jury of nine jurors, sitting with three judges, found Dogan guilty on Thursday of raping the victim in her bedroom in the south of France in the morning of June 29, 2019.

The evidence showed that the accused, a family man, made contact with the victim's spouse, Dominique Pelicot, in an internet forum named “without her consent”, where Pelicot was seeking men to enter his residence to assault his wife once he had rendered her unconscious into a comatose state.

We trust the court will declare that in this nation, fundamental rights are also women’s rights – that consent is individual, not delegated,” stated Gisèle Pelicot’s attorney, her legal representative. “Agreement is obtained directly and not through someone else from a spouse.”

Case History

The ex-husband, a notorious sex offenders in modern French history, was given a prison term to 20 years in prison last year for incapacitating his wife at the time and soliciting multiple perpetrators to rape her in her home in the town of the village of Mazan over a period of almost a decade of their marriage.

Numerous other individuals were found convicted in a high-profile trial last year, and the appellant was the single defendant to contest his conviction. He was first sentenced to 9 years in prison, a punishment increased on Thursday to ten years.

The lead state prosecutor, Dominique Sie, had stated he should serve twelve years, because he “absolutely refuses to take any blame”.

Testimony and Proof

The defendant had initially sent the husband sexually explicit photos and then traveled an hour from his town in Provence to rape the victim, after informing his wife he was stepping out, the court heard.

Pelicot, who was brought from solitary confinement in prison to temporarily provide testimony at the retrial, stated to the court that Dogan had known his wife had been “sedated” and he told to men by phone: “I seek someone to abuse my wife after I’ve sedated her without her knowledge.”

The proceedings became a central issue for a broader debate on societal attitudes in society as Dogan continued to say he was blameless and had not engaged in violation, stating that because Gisèle Pelicot’s husband had allowed him into the bedroom, his behavior had been justifiable.

The panel in the Nîmes appeals court was presented with recorded footage of Gisèle Pelicot’s limp body, sedated and breathing heavily in a deep sleep, while a grinning Dogan committed rape repeatedly over a timeframe of what investigators stated was 3.5 hours. The court official said she had been at danger of death by asphyxiation. The state prosecution said there was no question that she had been incapacitated and had not agreed.

Dogan's Claims

Dogan stated to the court the footage were simply “sexual encounters” and denied it was violation. He said what he did was “a sexual act”, not assault. He told the court: “I am innocent of assault.” He said the victim's husband had brought him to the residence, and therefore it was OK. He said he was deceived by the husband. “I tried to halt,” the accused told the court. “I proceeded because he persuaded me.”

Inquired if he wanted to make a final statement to the court, Dogan said: “I never wanted to harm that woman.”

Victim's Response

Gisèle Pelicot, who was applauded upon exiting the courtroom each day by crowds present to back her, told Dogan in court: “You fail to comprehend. When are you going to recognise you violated me? It is illegal to assault an unconscious woman. How could I have give you permission? Never.”

The victim, 72, became an symbol of resistance after she waived her right to privacy in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

The prosecutor, speaking to Gisèle Pelicot in court, said Dogan’s refusal to take responsibility showed that: “The shame remains. Society is maybe in the midst of that, possibly propelled by the collective awareness brought by the publication of your situation.”

Sie said Dogan’s claims of blamelessness showed how rape culture was still widespread in society as part of “outdated” forms of “gender-based power”. He said: “It is imperative to change the culture of violence to a culture of consent.”

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

Personal History

Dogan was born in Turkey and at the age of five moved to the nation of France, where his father worked as a concierge. The court heard that his parent was violent and that Dogan began using drugs aged ten. When he was seventeen he was caught by police for drug trafficking and his father kicked him out the family house. He served time in prison for narcotics offenses in his early 20s and had worked as a construction worker but had undergone periods of being unhoused.

He was married and had a child with special needs, who he was the main caregiver for, as his spouse worked in a educational cafeteria. The evidence showed his spouse did not know he had frequent intimate relations outside their marriage. His legal team said this was his strategy for managing with his difficult circumstances. Dogan had told a evaluator that once a year he looked for commercial sex on his birthday. His attorneys told the court he had joint inflammation resulting from the pressure of the initial proceedings.