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

A man has been found guilty on higher court review of raping Gisèle Pelicot following she was sedated by her then-husband – and received his prison sentence extended to 10 years.

Higher Court Case

Dogan, forty-four, an unemployed builder, who had contested his first conviction last year, underwent a appeal hearing this week at the Nîmes court of appeal.

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

The court heard that Dogan, a family man, made contact with Gisèle Pelicot’s spouse, the husband, in an online chatroom called “unbeknownst to her”, where the husband was recruiting men to come to his home to rape his wife once he had rendered her unconscious into a unconscious state.

We trust the court will declare that in this nation, human rights are also rights of women – that agreement is individual, not delegated,” declared Gisèle Pelicot’s attorney, Antoine Camus. “Consent is secured directly and not by proxy from a spouse.”

Case History

Dominique Pelicot, a notorious sex offenders in modern French history, was handed a sentence to 20 years in prison last year for incapacitating his spouse and inviting multiple perpetrators to rape her in her home in the Provence village of Mazan over a duration of nearly ten years of their marriage.

Numerous other individuals were found guilty in a notable trial last year, and the appellant was the only man to appeal against his verdict. He was originally sentenced to nine years in prison, a penalty raised on Thursday to ten years.

The chief prosecutor, Dominique Sie, had argued he should serve twelve years, because he “stubbornly rejects to take any blame”.

Courtroom Details

Dogan had initially sent Dominique Pelicot graphic images and then traveled an hour from his residence in Provence to rape Gisèle Pelicot, after notifying his wife he was stepping out, the testimony revealed.

The ex-husband, who was brought from isolation in prison to briefly provide testimony at the retrial, told the court that Dogan had understood his wife had been “sedated” and he told to men by phone: “I want someone to assault my wife after I’ve put her to sleep unbeknownst to her.”

The trial became a central issue for a broader debate on sexual violence norms in society as Dogan continued to assert he was not guilty and had not perpetrated assault, stating that because the victim's husband had allowed him into the residence, his behavior had been justifiable.

The jury in the higher court was shown visual proof of Gisèle Pelicot’s unresponsive form, unconscious and breathing heavily in a unconscious condition, while a smiling Dogan committed rape on several occasions over a period of what investigators stated was 3.5 hours. The court official said she had been at peril of death by asphyxiation. 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 “sexual encounters” and disputed it was violation. He said what he did was “an intimate behavior”, not assault. He told the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had brought him to the residence, and therefore it was OK. He said he was manipulated by Dominique Pelicot. “I tried to halt,” the accused told the court. “I carried on because he convinced me.”

Asked if he wanted to make a last words to the court, Dogan said: “I never wanted to injure that woman.”

Survivor's Statement

The victim, who was supported upon exiting the courtroom each day by crowds present to support her, said to Dogan in court: “You do not grasp. When will you acknowledge you assaulted me? It’s a crime to assault an incapacitated woman. When did I ever give you consent? At no time.”

The victim, 72, became an international feminist hero after she waived her right to privacy in the trial last year when she said: “Guilt ought to transfer.”

Legal Commentary

Sie, turning to the victim in court, said the defendant's unwillingness to take blame showed that: “Shame has not yet changed sides. Society is maybe in the midst of that, perhaps motivated by the collective awareness resulting from the exposure of your case.”

Sie said Dogan’s claims of blamelessness showed how societal tolerance was still widespread in society as part of “old-fashioned” forms of “gender-based power”. He said: “Now we must change rape culture to a ethos of permission.”

Sie said to Dogan: “For as much as you deny it, it’s not just a individual, it’s an complete disturbing societal structure that you are upholding.”

Defendant's Background

The accused was born in the country of Turkey and at the age of five moved to the nation of France, where his parent worked as a caretaker. The evidence indicated that his parent was aggressive and that Dogan began smoking cannabis aged 10. When he was seventeen he was apprehended by police for dealing drugs and his father kicked him out the family house. He was incarcerated in prison for drug dealing in his young adulthood and had worked as a laborer but had faced periods of living on the streets.

He was wed and had a child with a genetic condition, 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 frequent intimate relations beyond their marriage. His defence said this was his strategy for managing with his stressful life. Dogan had stated to a mental health expert that once a year he sought paid sex on his birthday. His lawyers informed the court he had joint inflammation caused by the stress of the original case.