France's Appeal Court Uphighers Prison Term for Gisèle Pelicot Perpetrator

A defendant has been found guilty on higher court review of sexually assaulting Gisèle Pelicot after she was rendered comatose by her husband – and received his incarceration period increased to a decade.

Appeal Trial

The defendant, forty-four, an unemployed builder, who had challenged his first conviction last year, faced a appeal hearing this week at the higher court in Nîmes.

A panel of five men and four women, sitting with three judges, convicted Dogan on Thursday of sexually assaulting the victim in her home in the south of France in the morning of June 29, 2019.

The evidence showed that Dogan, a married father, connected with the victim's then husband, the husband, in an digital platform titled “without her knowledge”, where the husband was recruiting men to enter his residence to rape his wife once he had drugged her into a deep sleep.

We expect the jury will say loud and clear that in this society, fundamental rights are also women’s rights – that agreement is personal, not given by another,” said the victim's attorney, Antoine Camus. “Permission is received personally and not by proxy from a spouse.”

Context

Dominique Pelicot, among the most severe sex offenders in France's contemporary records, was handed a sentence to two decades in prison last year for sedating his spouse and inviting numerous individuals to sexually assault her in her home in the town of Mazan over a period of nearly ten years of their marriage.

Fifty other men were found convicted in a notable trial last year, and the appellant was the single defendant to challenge his verdict. He was initially given a sentence to 9 years in prison, a punishment enhanced on Thursday to ten years.

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

Evidence Presented

The defendant had first sent Dominique Pelicot inappropriate pictures and then traveled an hour from his town in Provence to assault 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 retrial, stated to the court that Dogan had known his wife had been “sedated” and he said to men by phone: “I’m looking for someone to abuse my wife after I’ve rendered her unconscious without her consent.”

The proceedings became a central issue for a larger conversation on societal attitudes in society as the defendant continued to claim he was not guilty and had not engaged in violation, contending that because Gisèle Pelicot’s husband had welcomed him into the room, his behavior had been justifiable.

The panel in the higher court was presented with video evidence of Gisèle Pelicot’s unconscious figure, comatose and snoring in a comatose state, while a grinning the perpetrator engaged in violation on several occasions over a timeframe of what investigators stated was three and a half hours. The judge said she had been at danger of fatal outcome by asphyxiation. The prosecution said there was absolute certainty that she had been unconscious and had not consented.

Accused's Testimony

The defendant informed the court the videos were simply “intimate moments” and denied it was violation. He said what he did was “a sexual act”, not assault. He declared the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had invited him to the house, and therefore it was acceptable. He said he was influenced by Dominique Pelicot. “I tried to halt,” Dogan stated to the court. “I continued because he persuaded me.”

Inquired if he wanted to make a closing remarks to the court, the defendant said: “I never wanted to harm that lady.”

Pelicot's Words

Gisèle Pelicot, who was applauded upon departing the trial each day by supporters gathered to support her, addressed the defendant in court: “You fail to comprehend. When will you acknowledge you raped me? It is illegal to rape an unaware woman. How could I have give you permission? Never.”

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

State's Argument

The prosecutor, speaking to the victim in court, said the defendant's refusal to take blame showed that: “Guilt has not shifted. The public is possibly in the midst of that, maybe motivated by the collective awareness resulting from the revelation of your case.”

The prosecutor said the defendant's claims of blamelessness showed how rape culture was still prevalent in society as part of “outdated” forms of “gender-based power”. He said: “Now we must change the culture of violence to a ethos of permission.”

The prosecutor addressed the defendant: “While you reject it, it’s not just a woman, it’s an complete disturbing societal structure that you are endorsing.”

Defendant's Background

Dogan was born in the country of Turkey and at the age of five moved to the nation of France, where his father worked as a building manager. The testimony revealed that his parent was aggressive and that the defendant began using drugs aged 10. When Dogan was seventeen he was apprehended by authorities for drug trafficking and his parent forced him to leave the family house. He spent time in prison for trafficking in his young adulthood and had worked as a construction worker but had undergone periods of being unhoused.

He was married and had a child with Down’s syndrome, who he was the primary guardian for, as his spouse worked in a school canteen. The testimony revealed his wife did not know he had frequent sexual encounters beyond their union. His defence said this was his way of coping with his stressful life. Dogan had stated to a mental health expert that annually he engaged in paid sex on his special day. His attorneys stated to the court he had a medical condition triggered by the stress of the initial proceedings.