France's Higher Tribunal Uphighers Jail Time for Gisèle Pelicot Perpetrator

A man has been found guilty on retrial of raping Gisèle Pelicot following she was sedated by her then-husband – and has had his jail term raised to 10 years.

Higher Court Case

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

A jury of four women and five men, accompanied by three judges, ruled against Dogan on Thursday of sexually assaulting the victim in her bedroom in Provence in the early hours of June 29, 2019.

The court heard that Dogan, a married father, reached out to the victim's then husband, the husband, in an online chatroom named “unbeknownst to her”, where Pelicot was looking for men to come to his home to assault his wife once he had sedated her into a deep sleep.

We trust the panel will affirm that in this country, fundamental rights are also rights of women – that consent is personal, not transferred,” declared the victim's attorney, her legal representative. “Agreement is obtained personally and not via a representative from a spouse.”

Case History

The husband, among the most severe sex offenders in recent French history, was sentenced to 20 years in prison last year for sedating his then wife and soliciting numerous individuals to sexually assault her in her home in the Provence village of the village of Mazan over a duration of many years of their union.

Numerous other individuals were found guilty in a high-profile trial last year, and Dogan was the single defendant to challenge his verdict. He was originally handed a term to nine years in prison, a punishment increased on Thursday to 10 years.

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

Testimony and Proof

The defendant had first sent Dominique Pelicot graphic images and then driven an hour from his village in the region to assault Gisèle Pelicot, after telling his wife he was going out, the court heard.

Pelicot, who was transported from isolation in prison to temporarily give evidence at the retrial, told the court that the accused had understood his wife had been “drugged” and he said to men by phone: “I seek someone to abuse my wife after I’ve put her to sleep without her consent.”

The courtroom became a central issue for a larger conversation on sexual violence norms in society as Dogan continued to assert he was not guilty and had not engaged in violation, stating that because Gisèle Pelicot’s husband had welcomed him into the residence, his actions had been acceptable.

The jury in the higher court was displayed visual proof of the victim's limp body, sedated and breathing heavily in a deep sleep, while a smiling the perpetrator committed rape multiple times over a timeframe of what investigators stated was 3.5 hours. The presiding judge said she had been at risk of death by choking. The state prosecution said there was absolute certainty that she had been incapacitated and had not given permission.

Defendant's Statements

Dogan told the court the recordings were simply “sexual encounters” and disputed it was violation. He said what he did was “a sexual act”, not assault. He declared the court: “I never raped.” He said the victim's husband had allowed him to the residence, and therefore it was acceptable. He said he was influenced by Dominique Pelicot. “I attempted to cease,” Dogan stated to the court. “I continued because he reassured me.”

Asked if he wanted to make a last words to the court, the defendant said: “I had no desire to harm that lady.”

Pelicot's Words

Gisèle Pelicot, who was supported upon leaving court each day by onlookers gathered to support her, addressed Dogan in court: “You haven’t understood. When will you admit you raped me? It is illegal to assault an unaware woman. At what point did I give you consent? At no time.”

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

Prosecutor's Remarks

Sie, speaking to Gisèle Pelicot in court, said Dogan’s failure to take accountability showed that: “Guilt has not shifted. The public is maybe in the process of that, perhaps propelled by the public consciousness spurred by the publication of your case.”

The prosecutor said Dogan’s claims of blamelessness showed how normalized violence was still widespread in society as part of “archaic” forms of “gender-based power”. He said: “It is imperative to change rape culture to a society based on agreement.”

The prosecutor told Dogan: “For as much as you deny it, it’s not just a woman, it’s an whole sordid societal structure that you are upholding.”

Biographical Details

Dogan was originated from Turkey and at the age of 5 relocated to France, where his father worked as a building manager. The evidence indicated that his parent was aggressive and that Dogan began using drugs aged 10. When he was 17 he was stopped by authorities for selling narcotics and his parent evicted him the residence. He was incarcerated in prison for drug dealing in his twenties and had worked as a construction worker but had faced periods of being unhoused.

He was wed and had a child with a genetic condition, 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 frequent intimate relations beyond their union. His legal team said this was his strategy for managing with his stressful life. Dogan had stated to a court psychologist that annually he engaged in paid sex on his special day. His lawyers informed the court he had arthritis caused by the pressure of the original case.

Dr. Jaime Moore
Dr. Jaime Moore

A tech enthusiast and digital strategist with over a decade of experience in emerging technologies and innovation consulting.