France's Higher Court Increases Sentence for Gisele Pelicot Perpetrator

A defendant was convicted on appeal of raping Gisèle Pelicot following she was drugged unconscious by her husband – and was given his incarceration period increased to ten years.

Higher Court Case

The defendant, 44, an unemployed builder, who had challenged his first conviction last year, experienced a retrial this week at the higher court in Nîmes.

A jury of five men and four women, accompanied by three judges, found Dogan guilty on Thursday of sexually assaulting the victim in her residence in southern France in the early hours of 29 June 2019.

The evidence showed that the accused, a family man, made contact with the victim's then husband, the husband, in an internet forum named “unbeknownst to her”, where Pelicot was looking for men to enter his residence to rape his wife once he had rendered her unconscious into a unconscious state.

“We hope the panel will declare that in this society, human rights are also women’s rights – that agreement is individual, not given by another,” stated Gisèle Pelicot’s lawyer, her legal representative. “Agreement is secured directly and not through someone else from a spouse.”

Case History

Dominique Pelicot, one of the worst sexual predators in recent French history, was given a prison term to 20 years in prison last year for incapacitating his then wife and bringing in dozens of men to rape her in her home in the Provence village of Mazan over a span of nearly ten years of their union.

Numerous other individuals were found guilty in a notable trial last year, and the appellant was the only man to appeal against his sentence. He was first given a sentence to nine years in prison, a sentence increased on Thursday to 10 years.

The state's attorney, Dominique Sie, had contended he should serve twelve years, because he “absolutely refuses to take any blame”.

Courtroom Details

Dogan had initially sent the husband sexually explicit photos and then traveled an hour from his town in Provence to assault Gisèle Pelicot, after telling his wife he was going out, the evidence indicated.

The ex-husband, who was brought from solitary confinement in prison to temporarily testify at the hearing, stated to the court that the accused had known his wife had been “drugged” and he communicated to men by phone: “I want someone to violate my wife after I’ve rendered her unconscious without her knowledge.”

The trial became a key topic for a broader debate on sexual violence norms in society as Dogan continued to claim he was not guilty and had not perpetrated assault, stating that because the victim's husband had allowed him into the room, his conduct had been permissible.

The panel in the higher court was shown visual proof of Gisèle Pelicot’s unconscious figure, unconscious and snoring in a comatose state, while a smiling Dogan committed rape 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 death by suffocation. The prosecution said there was no doubt that she had been incapacitated and had not agreed.

Defendant's Statements

The defendant informed the court the recordings were simply “intimate moments” and denied it was assault. He said what he did was “a sexual act”, not assault. He told the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had invited him to the home, and therefore it was permissible. He said he was influenced by Dominique Pelicot. “I wanted to stop,” Dogan informed the court. “I proceeded because he convinced me.”

Inquired if he wanted to make a final statement to the court, the defendant said: “I had no desire to harm that lady.”

Survivor's Statement

The victim, who was cheered upon departing the trial each day by crowds gathered to back her, told the defendant in court: “You do not grasp. When are you going to recognise you assaulted me? It is unlawful to rape an unconscious woman. When did I ever give you permission? At no time.”

The victim, seventy-two, became an global icon after she gave up her right to anonymity in the trial last year when she said: “The shame should shift.”

Prosecutor's Remarks

The prosecutor, addressing the victim in court, said the defendant's unwillingness to take responsibility showed that: “The shame remains. The community is possibly in the course of that, perhaps motivated by the collective awareness spurred by the revelation of your situation.”

The prosecutor said the defendant's claims of non-guilt showed how societal tolerance was still prevalent in society as part of “outdated” forms of “patriarchal control”. He said: “Now we must change the culture of violence to a ethos of permission.”

Sie told the defendant: “While you refuse to admit it, it’s not just a individual, it’s an entire sordid cultural framework that you are supporting.”

Defendant's Background

Dogan was born in the country of Turkey and at the age of five came to France, where his father worked as a concierge. The evidence indicated that his parent was violent and that Dogan began consuming marijuana at the age of ten. When Dogan was 17 he was caught by authorities for drug trafficking and his father kicked him out the residence. He spent time in prison for trafficking in his twenties and had worked as a builder but had undergone periods of homelessness.

He was married and had a son with special needs, who he was the principal carer for, as his wife worked in a educational cafeteria. The evidence showed his wife did not know he had regular extramarital activities beyond their marriage. His legal team said this was his way of coping with his difficult circumstances. Dogan had stated to a mental health expert that annually he looked for paid sex on his special day. His legal representatives stated to the court he had a medical condition caused by the anxiety of the initial proceedings.