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

A defendant was declared guilty on appeal of raping Gisèle Pelicot after she was sedated by her then-husband – and received his incarceration period extended to a decade.

Retrial Proceedings

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

A jury of nine jurors, sitting with three judges, found Dogan guilty on Thursday of sexually assaulting Pelicot in her bedroom in the south of France in the morning of June 29, 2019.

The court heard that Dogan, a family man, connected with Gisèle Pelicot’s then husband, Dominique Pelicot, in an internet forum called “without her consent”, where Pelicot was recruiting men to come to his home to rape his wife after he had rendered her unconscious into a unconscious state.

We expect the jury will affirm that in this society, human rights are also rights of women – that agreement is personal, not given by another,” stated the victim's attorney, her legal representative. “Consent is obtained personally and not via a representative from a spouse.”

Context

The ex-husband, among the most severe sex offenders in France's contemporary records, was given a prison term to twenty years in prison last year for incapacitating his spouse and inviting numerous individuals to rape her in her home in the community of the village of Mazan over a span of almost a decade of their union.

Dozens of additional defendants were found convicted in a widely publicized trial last year, and Dogan was the only man to appeal against his verdict. He was initially handed a term to 9 years in prison, a punishment increased on Thursday to a decade.

The state's attorney, Dominique Sie, had stated he should serve 12 years, because he “absolutely refuses to take any blame”.

Courtroom Details

Dogan had initially sent Dominique Pelicot inappropriate pictures and then traveled an hour from his town in the region to rape Gisèle Pelicot, after notifying his wife he was going out, the court heard.

The ex-husband, who was brought from segregation in prison to briefly testify at the hearing, informed the court that the accused had known his wife had been “incapacitated” and he communicated to men by phone: “I’m looking for someone to violate my wife after I’ve rendered her unconscious unbeknownst to her.”

The proceedings became a focus point for a wider discussion on sexual violence norms in society as the defendant continued to assert he was blameless and had not perpetrated assault, contending that because Gisèle Pelicot’s husband had welcomed him into the residence, his actions had been acceptable.

The panel in the Nîmes appeals court was shown recorded footage of Gisèle Pelicot’s limp body, comatose and snoring in a unconscious condition, while a smiling Dogan 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 suffocation. The state's case said there was no doubt that she had been incapacitated and had not agreed.

Dogan's Claims

Dogan informed the court the videos were simply “intimate moments” and denied it was rape. He said what he did was “a sexual act”, not rape. He told the court: “I never raped.” He said Gisèle Pelicot’s husband had invited him to the house, and therefore it was OK. He said he was influenced by Dominique Pelicot. “I attempted to cease,” the accused stated to the court. “I carried on because he convinced me.”

Questioned if he wanted to make a closing remarks to the court, Dogan said: “I did not intend to harm that individual.”

Survivor's Statement

The victim, who was applauded upon exiting the courtroom each day by crowds assembled to support her, addressed Dogan in court: “You fail to comprehend. When will you admit you raped me? It is illegal to assault an incapacitated woman. How could I have give you permission? Not once.”

Gisèle Pelicot, seventy-two, became an global icon after she gave up her right to anonymity in the trial last year when she said: “Guilt ought to transfer.”

Legal Commentary

Sie, turning to the victim in court, said Dogan’s refusal to take accountability showed that: “The shame remains. The public is perhaps in the process of that, perhaps propelled by the societal understanding resulting from the publication of your ordeal.”

The prosecutor said the defendant's claims of non-guilt showed how rape culture was still widespread in society as part of “outdated” forms of “male domination”. He said: “It is imperative to change rape culture to a culture of consent.”

Sie addressed Dogan: “While you refuse to admit it, it’s not just a individual, it’s an entire disturbing societal structure that you are supporting.”

Biographical Details

The accused was born in the country of Turkey and at the age of five came to the nation of France, where his parent worked as a caretaker. The testimony revealed that his father was aggressive and that Dogan began smoking cannabis at the age of 10. When Dogan was seventeen he was apprehended by police for drug trafficking and his father kicked him out the residence. He was incarcerated in prison for trafficking in his twenties and had worked as a construction worker but had undergone periods of living on the streets.

He was wed and had a child with a genetic condition, who he was the principal carer for, as his spouse worked in a educational cafeteria. The testimony revealed his spouse did not know he had regular sexual encounters outside their union. His defence said this was his method of dealing with his stressful life. The defendant had told a mental health expert that annually he engaged in commercial sex on his special day. His attorneys informed the court he had a medical condition resulting from the stress of the initial proceedings.