France's Higher Court Uphighers Prison Term for Gisele Pelicot Perpetrator

An individual was declared guilty on higher court review of sexually assaulting Gisèle Pelicot following she was drugged unconscious by her then-husband – and was given his prison sentence raised to a decade.

Higher Court Case

The defendant, forty-four, an unemployed builder, who had appealed his first conviction last year, experienced a new trial this week at the Nîmes court of appeal.

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 June 29, 2019.

The evidence showed that Dogan, a family man, connected with Gisèle Pelicot’s then husband, Dominique Pelicot, in an digital platform titled “unbeknownst to her”, where the husband was looking for men to visit his house to assault his wife after he had drugged her into a deep sleep.

We trust the court will say loud and clear that in this society, fundamental rights are also women’s rights – that agreement is personal, not delegated,” said Gisèle Pelicot’s lawyer, Antoine Camus. “Agreement is received personally and not by proxy from a spouse.”

Case History

The ex-husband, among the most severe sex offenders in France's contemporary records, was given a prison term to 20 years in prison last year for incapacitating his wife at the time and bringing in dozens of men to sexually assault her in her home in the town of Mazan over a duration of many years of their union.

Dozens of additional defendants were found culpable in a widely publicized trial last year, and Dogan was the only man to challenge his sentence. He was originally handed a term to 9 years in prison, a punishment enhanced on Thursday to ten years.

The chief prosecutor, Dominique Sie, had argued he should serve 12 years, because he “absolutely refuses to take any accountability”.

Courtroom Details

The defendant had first sent the husband graphic images and then traveled an hour from his town in the region to assault Gisèle Pelicot, after informing his wife he was going out, the evidence indicated.

The ex-husband, who was brought from isolation 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 communicated to men by phone: “I’m looking for someone to assault my wife after I’ve rendered her unconscious without her consent.”

The proceedings became a focus point for a broader debate on rape culture in society as Dogan continued to claim he was blameless and had not perpetrated assault, arguing that because Gisèle Pelicot’s husband had invited him into the room, his conduct had been justifiable.

The jury in the Nîmes appeals court was shown video evidence of the victim's limp body, sedated and snoring in a comatose state, while a grinning the perpetrator engaged in violation multiple times over a duration of what police said was several hours. The court official said she had been at risk of death by asphyxiation. The state's case said there was no question that she had been unaware and had not given permission.

Dogan's Claims

Dogan stated to the court the videos were simply “sex scenes” and rejected it was rape. He said what he did was “a sexual act”, not rape. He declared the court: “I never raped.” He said the victim's husband had invited him to the home, and therefore it was acceptable. He said he was deceived by Dominique Pelicot. “I wanted to stop,” Dogan told the court. “I proceeded because he convinced me.”

Inquired if he wanted to make a closing remarks to the court, Dogan said: “I did not intend to injure that individual.”

Survivor's Statement

Gisèle Pelicot, who was cheered upon exiting the courtroom each day by supporters assembled to support her, addressed Dogan in court: “You do not grasp. When will you acknowledge you violated me? It’s a crime to assault an unaware 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: “Guilt ought to transfer.”

Prosecutor's Remarks

The prosecutor, speaking to the victim in court, said Dogan’s failure to take accountability showed that: “The shame remains. Society is possibly in the process of that, maybe motivated by the collective awareness spurred by the exposure of your situation.”

Sie said Dogan’s claims of innocence showed how societal tolerance was still common in society as part of “archaic” forms of “male domination”. He said: “We need to change the culture of violence to a society based on agreement.”

The prosecutor said to the defendant: “For as much as you deny it, it’s not just a woman, it’s an whole sordid social system that you are supporting.”

Biographical Details

Dogan was originated from Turkey and at the age of five moved to France, where his father worked as a caretaker. The court heard that his parent was violent and that the defendant began using drugs aged 10. When he was 17 he was apprehended by police for drug trafficking and his parent forced him to leave the family house. He served time in prison for narcotics offenses in his twenties and had worked as a construction worker but had faced periods of homelessness.

He was married and had a child with Down’s syndrome, who he was the principal carer for, as his wife worked in a institution's dining hall. The court heard his wife did not know he had regular extramarital activities outside their union. His defence said this was his way of coping with his stressful life. The defendant had stated to a court psychologist that each year he engaged in commercial sex on his special day. His legal representatives informed the court he had arthritis caused by the pressure of the first trial.