French Higher Court Uphighers Jail Time for Gisèle Pelicot Assailant

A man has been found guilty on retrial of raping Gisèle Pelicot following she was drugged unconscious by her husband – and has had his prison sentence extended to ten years.

Appeal Trial

Husamettin Dogan, forty-four, 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 four women and five men, joined by three judges, ruled against Dogan on Thursday of raping Pelicot in her home in Provence in the morning of 29 June 2019.

The evidence showed that the accused, a married father, made contact with the victim's then husband, Dominique Pelicot, in an online chatroom named “without her knowledge”, where the husband was seeking men to visit his house to assault his wife once he had rendered her unconscious into a deep sleep.

“We hope the jury will say loud and clear that in this nation, fundamental rights are also women’s rights – that permission is individual, not transferred,” declared Gisèle Pelicot’s lawyer, Antoine Camus. “Consent is received directly and not by proxy from a spouse.”

Case History

Dominique Pelicot, a notorious sex offenders in recent French history, was sentenced to two decades in prison last year for sedating his then wife and soliciting numerous individuals to sexually assault her in her home in the community of Mazan over a span of nearly ten years of their union.

Numerous other individuals were found culpable in a notable trial last year, and the appellant was the sole individual to appeal against his sentence. He was initially sentenced to 9 years in prison, a penalty raised on Thursday to ten years.

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

Testimony and Proof

Dogan had first sent Dominique Pelicot sexually explicit photos and then driven an hour from his town in Provence to rape Gisèle Pelicot, after informing his wife he was leaving, the court heard.

Pelicot, who was brought from isolation in prison to temporarily testify at the appeal trial, stated to the court that Dogan had been aware his wife had been “sedated” and he told to men by phone: “I want someone to violate my wife after I’ve put her to sleep without her consent.”

The trial became a central issue for a larger conversation on societal attitudes in society as Dogan continued to say he was not guilty and had not engaged in violation, arguing that because the victim's husband had invited him into the residence, his behavior had been justifiable.

The jury in the Nîmes appeals court was presented with video evidence of Gisèle Pelicot’s unresponsive form, comatose and breathing heavily in a deep sleep, while a smiling Dogan committed rape on several occasions over a duration of what authorities reported was 3.5 hours. The presiding judge said she had been at danger of death by suffocation. The state prosecution said there was no question that she had been incapacitated and had not given permission.

Defendant's Statements

Dogan stated to the court the videos were simply “sex scenes” and disputed it was violation. He said what he did was “an intimate behavior”, not rape. He stated the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had allowed him to the house, and therefore it was acceptable. He said he was deceived by Dominique Pelicot. “I tried to halt,” Dogan told the court. “I continued because he reassured me.”

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

Victim's Response

The victim, who was supported upon departing the trial each day by onlookers gathered to stand with her, told Dogan in court: “You do not grasp. When will you admit you violated me? It’s a crime to rape an unconscious woman. At what point did I give you agreement? Not once.”

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.”

Prosecutor's Remarks

The prosecutor, speaking to the victim in court, said Dogan’s unwillingness to take accountability showed that: “Shame has not yet changed sides. Society is perhaps in the process of that, possibly propelled by the societal understanding spurred by the exposure of your case.”

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 the culture of violence to a ethos of permission.”

Sie told the defendant: “For as much as you refuse to admit it, it’s not just a person, it’s an entire disturbing societal structure that you are supporting.”

Defendant's Background

Dogan was born in the country of Turkey and at the age of five came to France, where his parent worked as a building manager. The testimony revealed that his father was aggressive and that Dogan began consuming marijuana at the age of ten. When he was seventeen he was caught by police for drug trafficking and his parent kicked him out of home. He served time in prison for trafficking in his early 20s and had worked as a construction worker but had faced periods of being unhoused.

He was wed and had a son with special needs, who he was the principal carer for, as his wife worked in a school canteen. The evidence showed his spouse did not know he had regular extramarital activities beyond their marriage. His legal team said this was his method of dealing with his difficult circumstances. Dogan had informed a mental health expert that annually he engaged in transactional encounters on his special day. His lawyers told the court he had arthritis triggered by the stress of the original case.