French Higher Court Uphighers Jail Time for Gisèle Pelicot Rapist

A man has been found guilty on higher court review of raping Gisele Pelicot following she was sedated by her spouse – and was given his incarceration period increased to 10 years.

Appeal Trial

Husamettin Dogan, 44, an unemployed builder, who had contested his first conviction last year, faced a appeal hearing this week at the Nîmes court of appeal.

A jury of nine jurors, joined by three judges, convicted Dogan on Thursday of raping the victim in her home in the south of France in the morning of 29 June 2019.

The testimony revealed that Dogan, a married father, connected with Gisèle Pelicot’s then husband, the husband, in an internet forum named “without her knowledge”, where Pelicot was recruiting men to come to his home to rape his wife after he had rendered her unconscious into a deep sleep.

“We hope the court will declare that in this country, fundamental rights are also rights of women – that consent is individual, not delegated,” stated the victim's attorney, Antoine Camus. “Agreement is obtained personally and not via a representative from a spouse.”

Case History

Dominique Pelicot, one of the worst sexual predators in modern French history, was given a prison term to 20 years in prison last year for incapacitating his then wife and inviting multiple perpetrators to sexually assault her in her home in the town of the village of Mazan over a span of nearly ten years of their union.

Numerous other individuals were found culpable in a high-profile trial last year, and Dogan was the only man to contest his verdict. He was originally handed a term to nine years in prison, a punishment raised on Thursday to a decade.

The chief prosecutor, the prosecutor, had stated he should serve 12 years, because he “completely denies to take any accountability”.

Courtroom Details

The defendant had initially sent the husband inappropriate pictures and then traveled an hour from his residence in the region to assault Gisèle Pelicot, after telling his wife he was leaving, the testimony revealed.

Pelicot, who was transported from solitary confinement in prison to briefly give evidence at the retrial, told the court that Dogan had been aware his wife had been “incapacitated” and he told to men by phone: “I seek someone to violate my wife after I’ve rendered her unconscious unbeknownst to her.”

The courtroom became a focus point for a broader debate on sexual violence norms in society as the defendant continued to claim he was blameless and had not engaged in violation, arguing that because the victim's husband had welcomed him into the residence, his actions had been acceptable.

The panel in the higher court was displayed video evidence of the victim's limp body, unconscious and snoring in a comatose state, while a smiling Dogan committed rape repeatedly over a duration of what investigators stated was 3.5 hours. The judge said she had been at danger of death by asphyxiation. The state's case said there was no question that she had been unaware and had not given permission.

Dogan's Claims

The defendant told the court the footage were simply “sex scenes” and denied it was violation. He said what he did was “a sexual act”, not rape. He stated the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had invited him to the residence, and therefore it was OK. He said he was manipulated by the husband. “I tried to halt,” Dogan informed the court. “I proceeded because he convinced me.”

Questioned if he wanted to make a last words to the court, Dogan said: “I never wanted to injure that individual.”

Survivor's Statement

The survivor, who was cheered upon departing the trial each day by onlookers present to back her, said to Dogan in court: “You do not grasp. When will you admit you assaulted me? It is unlawful to assault an unaware woman. How could I have give you permission? Not once.”

Gisèle Pelicot, 72, became an global icon after she waived her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

The prosecutor, turning to Gisèle Pelicot in court, said Dogan’s failure to take responsibility showed that: “Shame has not yet changed sides. The community is possibly in the midst of that, possibly motivated by the public consciousness resulting from the publication of your situation.”

The prosecutor said the defendant's claims of innocence showed how rape culture was still common in society as part of “old-fashioned” forms of “male domination”. He said: “Now we must change the culture of violence to a culture of consent.”

The prosecutor told the defendant: “For as much as you reject it, it’s not just a person, it’s an entire unpleasant societal structure that you are endorsing.”

Defendant's Background

Dogan was originated from the country of Turkey and at the age of 5 relocated to the nation of France, where his parent worked as a concierge. The court heard that his father was abusive and that the defendant began consuming marijuana aged ten. When he was 17 he was caught by police for drug trafficking and his parent kicked him out of home. He spent time in prison for trafficking in his twenties and had worked as a builder but had undergone periods of homelessness.

He was wed and had a son with special needs, who he was the main caregiver for, as his spouse worked in a institution's dining hall. The evidence showed his wife did not know he had frequent extramarital activities outside their marriage. His defence said this was his way of coping with his stressful life. The defendant had informed a mental health expert that once a year he looked for transactional encounters on his special day. His lawyers told the court he had joint inflammation triggered by the anxiety of the original case.