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

An individual was convicted on retrial of raping Gisele Pelicot following she was sedated by her husband – and was given his incarceration period increased to a decade.

Appeal Trial

Husamettin Dogan, forty-four, 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 five men and four women, joined by three judges, found Dogan guilty on Thursday of sexually assaulting the victim in her residence in Provence in the morning of 29 June 2019.

The court heard that Dogan, a family man, connected with the victim's husband at the time, Dominique Pelicot, in an online chatroom called “unbeknownst to her”, where the husband was looking for men to visit his house to assault his wife once he had rendered her unconscious into a unconscious state.

“We hope the panel will say loud and clear that in this society, fundamental rights are also women’s rights – that permission is individual, not transferred,” stated Gisèle Pelicot’s attorney, Antoine Camus. “Consent is received personally and not via a representative from a husband.”

Context

The ex-husband, among the most severe sex offenders in recent French history, was handed a sentence to two decades in prison last year for incapacitating his wife at the time and bringing in multiple perpetrators to rape her in her home in the community of Mazan over a span of many years of their marriage.

Fifty other men were found convicted in a high-profile trial last year, and the appellant was the only man to contest his sentence. He was first sentenced to nine years in prison, a sentence raised on Thursday to ten years.

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

Testimony and Proof

The defendant had first sent Dominique Pelicot inappropriate pictures and then traveled an hour from his town in Provence to rape Gisèle Pelicot, after informing his wife he was leaving, the testimony revealed.

The ex-husband, who was brought from segregation in prison to temporarily give evidence 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 put her to sleep without her knowledge.”

The courtroom became a central issue for a broader debate on societal attitudes in society as Dogan continued to claim he was innocent and had not perpetrated assault, stating that because Gisèle Pelicot’s husband had allowed him into the residence, his behavior had been acceptable.

The jury in the higher court was displayed recorded footage of Gisèle Pelicot’s unresponsive form, comatose and breathing heavily in a comatose state, while a smiling the perpetrator committed rape repeatedly over a duration of what authorities reported was several hours. The presiding judge said she had been at peril of death by asphyxiation. The prosecution said there was absolute certainty that she had been unconscious and had not agreed.

Accused's Testimony

The defendant informed the court the videos were simply “sex scenes” and rejected it was rape. He said what he did was “a consensual activity”, not rape. He declared the court: “I am innocent of assault.” He said the victim's husband had allowed him to the house, and therefore it was acceptable. He said he was deceived by Dominique Pelicot. “I attempted to cease,” Dogan told 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 injure that woman.”

Pelicot's Words

Gisèle Pelicot, who was applauded upon departing the trial each day by supporters assembled to stand with her, told Dogan in court: “You do not grasp. When will you admit you raped me? It is unlawful to assault an incapacitated woman. When did I ever give you consent? Not once.”

Gisèle Pelicot, 72, became an international feminist hero after she relinquished her right to privacy in the trial last year when she said: “Shame must change sides.”

Legal Commentary

Sie, speaking to Gisèle Pelicot in court, said Dogan’s refusal to take blame showed that: “Guilt has not shifted. The public is perhaps in the midst of that, possibly motivated by the societal understanding resulting from the publication of your situation.”

Sie said Dogan’s claims of non-guilt showed how normalized violence 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 society based on agreement.”

Sie said to Dogan: “While you refuse to admit it, it’s not just a person, it’s an whole unpleasant cultural framework that you are upholding.”

Biographical Details

The accused was originated from Turkey and at the age of 5 moved to the nation of France, where his father worked as a building manager. The testimony revealed that his parent was violent and that Dogan began smoking cannabis at the age of 10. When he was 17 he was stopped by police for selling narcotics and his parent forced him to leave the residence. He was incarcerated in prison for narcotics offenses in his early 20s and had worked as a construction worker but had experienced periods of living on the streets.

He was wed and had a child with special needs, who he was the main caregiver for, as his wife worked in a educational cafeteria. The testimony revealed his spouse did not know he had frequent extramarital activities beyond their union. His defence said this was his method of dealing with his stressful life. Dogan had informed a court psychologist that annually he sought paid sex on his special day. His attorneys told the court he had a medical condition triggered by the anxiety of the initial proceedings.