France's Appeal Tribunal Uphighers Prison Term for Gisèle Pelicot Assailant

A defendant has been found guilty on appeal of raping Gisele Pelicot following she was drugged unconscious by her spouse – and was given his jail term increased to ten years.

Retrial Proceedings

Husamettin Dogan, 44, an out-of-work construction worker, who had challenged his first conviction last year, underwent a retrial this week at the appeals court in Nîmes.

A jury of four women and five men, sitting with three judges, found Dogan guilty on Thursday of sexually assaulting Pelicot in her bedroom in southern France in the morning of 29 June 2019.

The testimony revealed that Dogan, a family man, made contact with the victim's husband at the time, Dominique Pelicot, in an online chatroom called “without her knowledge”, where the husband was recruiting men to enter his residence to rape his wife once he had drugged her into a deep sleep.

“We hope the court will declare that in this society, fundamental rights are also rights of women – that consent is personal, not given by another,” declared Gisèle Pelicot’s lawyer, her legal representative. “Consent is obtained personally and not via a representative from a husband.”

Context

Dominique Pelicot, among the most severe sexual predators in modern French history, was sentenced to two decades in prison last year for drugging his spouse and soliciting dozens of men to sexually assault her in her home in the town of Mazan over a period of almost a decade of their union.

Numerous other individuals were found guilty in a high-profile trial last year, and Dogan was the sole individual to challenge his verdict. He was initially sentenced to nine years in prison, a punishment enhanced on Thursday to a decade.

The lead state prosecutor, Dominique Sie, had argued he should serve twelve years, because he “absolutely refuses to take any responsibility”.

Evidence Presented

Dogan had first sent the husband inappropriate pictures and then driven an hour from his residence in the region to rape the victim, after notifying his wife he was stepping out, the testimony revealed.

The ex-husband, who was transported from segregation in prison to temporarily provide testimony at the appeal trial, informed the court that Dogan had understood his wife had been “incapacitated” and he said to men by phone: “I want someone to abuse my wife after I’ve sedated her without her knowledge.”

The proceedings became a central issue for a broader debate on sexual violence norms in society as the defendant continued to say he was not guilty and had not committed rape, contending that because Gisèle Pelicot’s husband had welcomed him into the residence, his actions had been justifiable.

The jury in the higher court was shown video evidence of the victim's unresponsive form, unconscious and snoring in a comatose state, while a grinning Dogan performed assault repeatedly over a duration of what investigators stated was several hours. The court official said she had been at peril of death by suffocation. The prosecution said there was no question that she had been unaware and had not agreed.

Dogan's Claims

The defendant told the court the recordings were simply “intimate moments” and denied it was assault. He said what he did was “an intimate behavior”, not assault. He declared the court: “I am innocent of assault.” He said the victim's husband had brought him to the home, and therefore it was acceptable. He said he was manipulated by the husband. “I tried to halt,” Dogan stated to the court. “I proceeded because he reassured me.”

Inquired if he wanted to make a closing remarks to the court, the defendant said: “I never wanted to hurt that individual.”

Survivor's Statement

The survivor, who was cheered upon exiting the courtroom each day by onlookers gathered to stand with her, told Dogan in court: “You fail to comprehend. When will you admit you raped me? It is unlawful to rape an unconscious woman. How could I have give you permission? At no time.”

Gisèle Pelicot, 72, became an global icon after she waived her right to anonymity in the trial last year when she said: “The shame should shift.”

State's Argument

The prosecutor, turning to Gisèle Pelicot in court, said the defendant's failure to take responsibility showed that: “Shame has not yet changed sides. Society is possibly in the course of that, perhaps driven by the collective awareness brought by the revelation of your situation.”

The prosecutor said the defendant's claims of blamelessness showed how societal tolerance was still prevalent in society as part of “outdated” forms of “gender-based power”. He said: “Now we must change rape culture to a society based on agreement.”

The prosecutor addressed Dogan: “As long as you deny it, it’s not just a woman, it’s an entire unpleasant societal structure that you are supporting.”

Biographical Details

The accused was originated from Turkey and at the age of 5 came to France, where his parent worked as a caretaker. The court heard that his father was abusive and that the defendant began smoking cannabis aged 10. When he was 17 he was caught by authorities for dealing drugs and his father kicked him out the family house. He was incarcerated in prison for drug dealing in his twenties and had worked as a laborer but had experienced periods of being unhoused.

He was married and had a child with a genetic condition, who he was the primary guardian for, as his spouse worked in a educational cafeteria. The evidence showed his spouse did not know he had regular extramarital activities beyond their union. His defence said this was his method of dealing with his difficult circumstances. Dogan had told a mental health expert that each year he engaged in transactional encounters on his birthday. His attorneys told the court he had a medical condition caused by the pressure of the original case.