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

A man has been found guilty on appeal of raping Gisèle Pelicot after she was sedated by her spouse – and has had his incarceration period increased to a decade.

Appeal Trial

The defendant, forty-four, an unemployed builder, who had contested his initial guilty verdict last year, experienced a new trial this week at the appeals court in Nîmes.

A jury of four women and five men, accompanied by three judges, ruled against Dogan on Thursday of sexually assaulting Pelicot in her residence in the south of France in the morning of June 29, 2019.

The evidence showed that the accused, a family man, connected with Gisèle Pelicot’s husband at the time, the husband, in an internet forum titled “without her consent”, where Pelicot was seeking men to visit his house to assault his wife once he had rendered her unconscious into a unconscious state.

We trust the court will affirm that in this country, human rights are also women’s rights – that permission is individual, not delegated,” declared the victim's attorney, her legal representative. “Permission is secured directly and not by proxy from a spouse.”

Background

Dominique Pelicot, one of the worst sex offenders in France's contemporary records, was handed a sentence to twenty years in prison last year for incapacitating his spouse and bringing in numerous individuals to rape her in her home in the community of the village of Mazan over a duration of nearly ten years of their marriage.

Dozens of additional defendants were found convicted in a notable trial last year, and the appellant was the single defendant to contest his sentence. He was initially sentenced to 9 years in prison, a penalty enhanced on Thursday to 10 years.

The chief prosecutor, the prosecutor, had contended he should serve 12 years, because he “stubbornly rejects to take any responsibility”.

Testimony and Proof

The defendant had initially sent the husband graphic images and then driven an hour from his residence in Provence to assault the victim, after notifying his wife he was leaving, the testimony revealed.

Pelicot, who was transported from isolation in prison to briefly testify at the hearing, stated to the court that the accused had understood his wife had been “drugged” and he told to men by phone: “I’m looking for someone to abuse my wife after I’ve rendered her unconscious without her knowledge.”

The proceedings became a central issue for a broader debate on rape culture in society as Dogan continued to say he was innocent and had not perpetrated assault, arguing that because the victim's husband had allowed him into the room, his behavior had been acceptable.

The panel in the higher court was shown recorded footage of Gisèle Pelicot’s unresponsive form, sedated and breathing heavily in a comatose state, while a grinning Dogan engaged in violation repeatedly over a period of what authorities reported was three and a half hours. The presiding judge said she had been at danger of fatal outcome by asphyxiation. The prosecution said there was no doubt that she had been incapacitated and had not given permission.

Accused's Testimony

The defendant told the court the recordings were simply “sexual encounters” and disputed it was assault. He said what he did was “an intimate behavior”, not rape. He told the court: “I never raped.” He said Gisèle Pelicot’s husband had brought him to the residence, and therefore it was acceptable. He said he was deceived by Dominique Pelicot. “I wanted to stop,” Dogan told the court. “I continued because he reassured me.”

Asked if he wanted to make a closing remarks to the court, the defendant said: “I did not intend to harm that lady.”

Pelicot's Words

The victim, who was cheered upon exiting the courtroom each day by crowds assembled to back her, addressed the defendant in court: “You do not grasp. When will you admit you raped me? It is illegal to assault an incapacitated woman. How could I have give you consent? Never.”

The victim, 72, became an global icon after she gave up her right to anonymity in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

Sie, addressing Gisèle Pelicot in court, said Dogan’s failure to take accountability showed that: “Guilt has not shifted. The community is maybe in the course of that, maybe propelled by the societal understanding resulting from the revelation of your case.”

Sie said the defendant's claims of non-guilt showed how rape culture was still common in society as part of “old-fashioned” forms of “male domination”. He said: “It is imperative to change the culture of violence to a society based on agreement.”

Sie told Dogan: “As long as you deny it, it’s not just a individual, it’s an whole unpleasant social system that you are endorsing.”

Biographical Details

Dogan was originated from the country of Turkey and at the age of 5 came to the nation of France, where his parent worked as a concierge. The testimony revealed that his parent was abusive and that the defendant began using drugs at the age of 10. When he was 17 he was apprehended by police for selling narcotics and his parent kicked him out the family house. He served time in prison for narcotics offenses in his young adulthood and had worked as a builder but had faced periods of homelessness.

He was married and had a son with a genetic condition, who he was the primary guardian for, as his wife worked in a school canteen. The court heard his wife did not know he had frequent extramarital activities beyond their union. His defence said this was his way of coping with his challenging existence. The defendant had told a court psychologist that annually he looked for commercial sex on his special day. His legal representatives told the court he had arthritis triggered by the stress of the initial proceedings.

Shaun Cox
Shaun Cox

A seasoned IT consultant with over 15 years of experience in network security and digital transformation for UK enterprises.

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