France's Appeal Court Raises Jail Time for Gisele Pelicot Rapist

A man has been found guilty on retrial of sexually assaulting Gisele Pelicot after she was rendered comatose by her then-husband – and received his jail term increased to 10 years.

Higher Court Case

Husamettin Dogan, forty-four, an out-of-work construction worker, who had challenged his initial guilty verdict last year, experienced a new trial this week at the Nîmes court of appeal.

A panel of five men and four women, sitting with three judges, convicted Dogan on Thursday of sexually assaulting Pelicot in her residence in the south of France in the morning of June 29, 2019.

The court heard that Dogan, a family man, reached out to Gisèle Pelicot’s spouse, the husband, in an online chatroom named “without her consent”, where Pelicot was looking for men to visit his house to rape his wife once he had drugged her into a unconscious state.

We expect the court will declare that in this society, fundamental rights are also rights of women – that permission is individual, not delegated,” said Gisèle Pelicot’s attorney, her legal representative. “Permission is obtained personally and not through someone else from a spouse.”

Background

The husband, a notorious sexual predators in recent French history, was sentenced to 20 years in prison last year for incapacitating his spouse and inviting multiple perpetrators to rape her in her home in the Provence village of Mazan over a span of nearly ten years of their union.

Fifty other men were found guilty in a widely publicized trial last year, and Dogan was the single defendant to contest his conviction. He was initially handed a term to nine years in prison, a penalty raised on Thursday to 10 years.

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

Testimony and Proof

Dogan had initially 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.

The ex-husband, who was brought from isolation in prison to briefly provide testimony at the appeal trial, informed the court that the accused had understood his wife had been “drugged” and he communicated to men by phone: “I seek someone to violate my wife after I’ve put her to sleep without her consent.”

The courtroom became a key topic for a broader debate on rape culture in society as the defendant continued to claim he was blameless and had not perpetrated assault, stating that because the victim's husband had welcomed him into the bedroom, his behavior had been permissible.

The panel in the Nîmes appeals court was presented with recorded footage of Gisèle Pelicot’s unconscious figure, unconscious and breathing heavily in a unconscious condition, while a smiling Dogan engaged in violation multiple times over a timeframe of what police said was 3.5 hours. The judge said she had been at peril of death by asphyxiation. The state's case said there was absolute certainty that she had been unaware and had not consented.

Defendant's Statements

Dogan informed the court the videos were simply “intimate moments” and denied it was assault. He said what he did was “a consensual activity”, not assault. He told the court: “I am innocent of assault.” He said the victim's husband had brought him to the house, and therefore it was permissible. He said he was influenced by the husband. “I attempted to cease,” the accused stated to the court. “I continued because he reassured me.”

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

Victim's Response

The victim, who was cheered upon departing the trial each day by supporters assembled to support her, said to the defendant in court: “You fail to comprehend. When will you admit you raped me? It’s a crime to rape an unconscious woman. When did I ever give you permission? Not once.”

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

Prosecutor's Remarks

Sie, addressing Gisèle Pelicot in court, said the defendant's refusal to take accountability showed that: “The shame remains. Society is perhaps in the process of that, perhaps propelled by the public consciousness spurred by 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 “archaic” forms of “male domination”. He said: “We need to change the culture of violence to a society based on agreement.”

The prosecutor told the defendant: “For as much as you deny it, it’s not just a person, it’s an complete disturbing cultural framework that you are supporting.”

Defendant's Background

The accused was born in the country of Turkey and at the age of 5 moved to France, where his parent worked as a building manager. The court heard that his father was abusive and that Dogan began using drugs at the age of ten. When he was seventeen he was apprehended by authorities for selling narcotics and his parent forced him to leave the residence. He served time in prison for narcotics offenses in his young adulthood and had worked as a builder but had experienced periods of homelessness.

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 wife did not know he had frequent extramarital activities beyond their union. His defence said this was his strategy for managing with his challenging existence. The defendant had stated to a court psychologist that once a year he looked for paid sex on his special day. His legal representatives stated to the court he had arthritis resulting from the pressure of the initial proceedings.