France's Appeal Tribunal Raises Jail Time for Gisèle Pelicot Perpetrator

A defendant was convicted on higher court review of sexually assaulting Gisèle Pelicot following she was rendered comatose by her then-husband – and was given his prison sentence raised to 10 years.

Higher Court Case

The defendant, 44, an out-of-work construction worker, who had challenged his first conviction last year, faced a new trial this week at the Nîmes court of appeal.

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

The court heard that the accused, a family man, made contact with Gisèle Pelicot’s husband at the time, the husband, in an digital platform named “without her consent”, where Pelicot was looking for men to enter his residence to assault his wife after he had drugged her into a unconscious state.

We expect the panel will affirm that in this society, human rights are also women’s rights – that consent is personal, not given by another,” said the victim's lawyer, Antoine Camus. “Permission is secured personally and not by proxy from a husband.”

Case History

Dominique Pelicot, among the most severe sex offenders in modern French history, was handed a sentence to 20 years in prison last year for sedating his wife at the time and bringing in dozens of men to sexually assault her in her home in the Provence village of the village of Mazan over a period of nearly ten years of their union.

Dozens of additional defendants were found convicted in a notable trial last year, and Dogan 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 argued he should serve 12 years, because he “absolutely refuses to take any blame”.

Testimony and Proof

Dogan had first sent Dominique Pelicot graphic images and then driven an hour from his village in Provence to assault Gisèle Pelicot, after informing his wife he was stepping out, the evidence indicated.

The ex-husband, who was brought from solitary confinement in prison to briefly testify at the appeal trial, informed the court that the accused had known his wife had been “drugged” and he said to men by phone: “I’m looking for someone to abuse my wife after I’ve put her to sleep unbeknownst to her.”

The trial became a key topic for a broader debate on sexual violence norms in society as the defendant continued to claim he was innocent and had not perpetrated assault, contending that because the victim's husband had invited him into the bedroom, his actions had been permissible.

The panel in the higher court was presented with visual proof of Gisèle Pelicot’s unresponsive form, unconscious and snoring in a unconscious condition, while a smiling the perpetrator engaged in violation multiple times over a duration of what investigators stated was three and a half hours. The presiding judge said she had been at peril of death by asphyxiation. The state's case said there was no doubt that she had been unaware and had not consented.

Dogan's Claims

Dogan stated to the court the videos were simply “intimate moments” and disputed it was assault. He said what he did was “a sexual act”, not rape. He declared the court: “I never raped.” He said Gisèle Pelicot’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 carried on because he persuaded me.”

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

Victim's Response

Gisèle Pelicot, who was supported upon departing the trial each day by crowds present to support her, told the defendant in court: “You fail to comprehend. When will you admit you raped me? It is illegal to rape an unconscious woman. At what point did I give you consent? Not once.”

The victim, 72, became an symbol of resistance after she gave up her right to anonymity in the trial last year when she said: “Guilt ought to transfer.”

Legal Commentary

Sie, addressing the victim in court, said Dogan’s failure to take blame showed that: “The shame remains. The community is perhaps in the midst of that, maybe propelled by the public consciousness spurred by the revelation of your situation.”

The prosecutor said the defendant's claims of blamelessness showed how rape culture was still common in society as part of “archaic” forms of “patriarchal control”. He said: “Now we must change the culture of violence to a ethos of permission.”

Sie told Dogan: “As long as you reject it, it’s not just a person, it’s an complete disturbing social system that you are supporting.”

Defendant's Background

Dogan was originated from Turkey and at the age of five came to the nation of France, where his parent worked as a building manager. The court heard that his father was abusive and that Dogan began using drugs aged ten. When he was seventeen he was caught by authorities for dealing drugs and his father forced him to leave the residence. He was incarcerated in prison for drug dealing in his twenties and had worked as a construction worker but had undergone periods of homelessness.

He was wed and had a child with a genetic condition, who he was the main caregiver for, as his spouse worked in a school canteen. The court heard his wife did not know he had regular extramarital activities beyond their union. His legal team said this was his method of dealing with his stressful life. The defendant had informed a court psychologist that each year he sought paid sex on his special day. His attorneys told the court he had arthritis triggered by the anxiety of the initial proceedings.

Eric Roberts
Eric Roberts

A UK-based lifestyle writer passionate about wellness, mindfulness, and sharing practical tips for everyday happiness.