France's Appeal Court Raises Sentence for Gisèle Pelicot Assailant

A man was declared guilty on appeal of sexually assaulting Gisele Pelicot following she was rendered comatose by her then-husband – and has had his prison sentence raised to 10 years.

Appeal Trial

Dogan, forty-four, an out-of-work construction worker, who had contested his initial guilty verdict last year, faced a appeal hearing this week at the higher court in Nîmes.

A panel of five men and four women, joined by three judges, ruled against Dogan on Thursday of raping the victim in her bedroom in the south of France in the morning of 29 June 2019.

The evidence showed that the accused, a family man, reached out to the victim's husband at the time, Dominique Pelicot, in an internet forum called “without her consent”, where the husband was looking for men to come to his home to assault his wife once he had rendered her unconscious into a deep sleep.

We expect the panel will declare that in this country, human rights are also rights of women – that consent is individual, not transferred,” stated Gisèle Pelicot’s lawyer, Antoine Camus. “Agreement is received directly and not through someone else from a husband.”

Background

Dominique Pelicot, among the most severe sex offenders in France's contemporary records, was handed a sentence to 20 years in prison last year for sedating his then wife and inviting numerous individuals to rape her in her home in the Provence village of the village of Mazan over a span of nearly ten years of their marriage.

Numerous other individuals were found culpable in a widely publicized trial last year, and Dogan was the only man to contest his sentence. He was initially sentenced to nine years in prison, a penalty enhanced 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 responsibility”.

Evidence Presented

The defendant had first sent Dominique Pelicot sexually explicit photos and then driven an hour from his town in the region to assault the victim, after telling his wife he was leaving, the court heard.

The ex-husband, who was transported from solitary confinement in prison to temporarily testify at the hearing, stated to the court that Dogan had known his wife had been “incapacitated” and he told to men by phone: “I’m looking for someone to violate my wife after I’ve rendered her unconscious without her consent.”

The proceedings became a central issue for a larger conversation on sexual violence norms in society as the defendant continued to say he was blameless and had not committed rape, arguing that because the victim's husband had welcomed him into the room, his actions had been justifiable.

The panel in the higher court was shown recorded footage of the victim's limp body, sedated and breathing heavily in a comatose state, while a smiling the perpetrator engaged in violation repeatedly over a timeframe of what authorities reported was three and a half hours. The court official said she had been at risk of death by choking. The prosecution said there was no question that she had been unaware and had not consented.

Defendant's Statements

The defendant told the court the videos were simply “sex scenes” and disputed it was rape. He said what he did was “a sexual act”, not assault. He told the court: “I did not commit rape.” He said the victim's husband had brought him to the house, and therefore it was permissible. He said he was manipulated by Dominique Pelicot. “I attempted to cease,” Dogan informed the court. “I continued because he reassured me.”

Asked 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 survivor, who was supported upon exiting the courtroom each day by supporters gathered to support her, told the defendant in court: “You fail to comprehend. When will you acknowledge you assaulted me? It is unlawful to rape an unconscious woman. How could I have give you agreement? At no time.”

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

State's Argument

Sie, addressing the victim in court, said the defendant's failure to take accountability showed that: “Guilt has not shifted. The public is perhaps in the process of that, possibly motivated by the societal understanding spurred by the publication of your situation.”

The prosecutor said Dogan’s claims of non-guilt showed how normalized violence was still common in society as part of “archaic” forms of “male domination”. He said: “It is imperative to change the culture of violence to a ethos of permission.”

The prosecutor addressed Dogan: “For as much as you deny it, it’s not just a woman, it’s an entire unpleasant cultural framework that you are upholding.”

Personal History

The accused was born in Turkey and at the age of five moved to the nation of France, where his parent worked as a building manager. The evidence indicated that his parent was violent and that Dogan began using drugs aged ten. When Dogan was 17 he was apprehended by police for dealing drugs and his parent kicked him out the family house. He spent time in prison for drug dealing in his young adulthood 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 principal carer for, as his wife worked in a school canteen. The court heard his spouse did not know he had frequent extramarital activities outside 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 each year he engaged in paid sex on his birthday. His lawyers informed the court he had arthritis caused by the stress of the initial proceedings.

Rebecca Thompson
Rebecca Thompson

A seasoned gaming enthusiast with over a decade of experience in online casinos, specializing in slot strategies and bonus optimization.

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