France's Appeal Court Increases Sentence for Gisèle Pelicot Assailant

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

Higher Court Case

Husamettin Dogan, 44, an unemployed builder, who had contested his initial guilty verdict last year, faced a new trial this week at the Nîmes court of appeal.

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

The testimony revealed that Dogan, a family man, reached out to Gisèle Pelicot’s then husband, Dominique Pelicot, in an digital platform titled “without her consent”, where Pelicot was looking for men to visit his house to rape his wife after he had sedated her into a comatose state.

“We hope the court will say loud and clear that in this country, fundamental rights are also rights of women – that agreement is individual, not transferred,” declared Gisèle Pelicot’s attorney, Antoine Camus. “Consent is obtained directly and not through someone else from a husband.”

Context

Dominique Pelicot, among the most severe sexual predators in France's contemporary records, was sentenced to twenty years in prison last year for sedating his wife at the time and soliciting dozens of men to sexually assault her in her home in the town of the village of Mazan over a period of many years of their union.

Fifty other men were found convicted in a widely publicized trial last year, and the appellant was the single defendant to appeal against his sentence. He was first given a sentence to 9 years in prison, a penalty increased on Thursday to a decade.

The lead state prosecutor, the prosecutor, had contended he should serve twelve years, because he “completely denies to take any responsibility”.

Courtroom Details

Dogan had initially sent Dominique Pelicot sexually explicit photos and then driven an hour from his town in the region to assault Gisèle Pelicot, after informing his wife he was stepping out, the court heard.

The ex-husband, who was brought from isolation in prison to briefly provide testimony at the retrial, stated to the court that the accused had understood his wife had been “drugged” and he told to men by phone: “I want someone to violate my wife after I’ve rendered her unconscious unbeknownst to her.”

The proceedings became a key topic for a wider discussion on rape culture in society as the defendant continued to say he was blameless and had not engaged in violation, contending that because Gisèle Pelicot’s husband had allowed him into the residence, his actions had been acceptable.

The panel in the Nîmes appeals court was displayed visual proof of Gisèle Pelicot’s limp body, sedated and snoring in a comatose state, while a smiling Dogan engaged in violation repeatedly over a period of what police said was three and a half hours. The court official said she had been at danger of fatal outcome by suffocation. The state's case said there was no doubt that she had been unaware and had not agreed.

Defendant's Statements

Dogan told the court the videos were simply “sex scenes” and rejected it was rape. He said what he did was “a sexual act”, not rape. He stated the court: “I never raped.” He said Gisèle Pelicot’s husband had brought him to the residence, and therefore it was acceptable. He said he was influenced by the husband. “I tried to halt,” the accused informed the court. “I continued because he reassured me.”

Asked if he wanted to make a last words to the court, Dogan said: “I had no desire to injure that woman.”

Pelicot's Words

The victim, who was cheered upon leaving court each day by onlookers present to support her, told Dogan in court: “You do not grasp. When are you going to recognise you raped me? It is unlawful to assault an unaware woman. At what point did I give you consent? At no time.”

The victim, 72, became an international feminist hero after she waived her right to anonymity in the trial last year when she said: “Shame must change sides.”

State's Argument

Sie, speaking to Gisèle Pelicot in court, said Dogan’s refusal to take blame showed that: “Shame has not yet changed sides. Society is maybe in the midst of that, possibly driven by the collective awareness resulting from the revelation of your ordeal.”

Sie said the defendant's claims of innocence showed how societal tolerance was still prevalent in society as part of “old-fashioned” forms of “patriarchal control”. He said: “It is imperative to change the culture of violence to a ethos of permission.”

The prosecutor told Dogan: “As long as you reject it, it’s not just a individual, it’s an complete disturbing cultural framework that you are endorsing.”

Defendant's Background

The accused was originated from the country of Turkey and at the age of 5 relocated to France, where his parent worked as a building manager. The evidence indicated that his father was aggressive and that the defendant began consuming marijuana at the age of 10. When he was 17 he was caught by authorities for drug trafficking and his parent evicted him the residence. He spent 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 wife worked in a institution's dining hall. The court heard his wife did not know he had repeated sexual encounters outside their union. His defence said this was his method of dealing with his challenging existence. Dogan had informed a mental health expert that once a year he engaged in paid sex on his birthday. His lawyers informed the court he had joint inflammation resulting from the anxiety of the original case.