France's Higher Court Increases Jail Time for Gisèle Pelicot Rapist

An individual was convicted on retrial of sexually assaulting Gisèle Pelicot after she was rendered comatose by her then-husband – and has had his jail term raised to 10 years.

Appeal Trial

Husamettin Dogan, forty-four, an unemployed builder, who had appealed his first conviction last year, experienced a new trial this week at the higher court in Nîmes.

A panel of nine jurors, sitting with three judges, convicted Dogan on Thursday of sexually assaulting Pelicot in her residence in southern France in the morning of June 29, 2019.

The evidence showed that the accused, a family man, connected with Gisèle Pelicot’s husband at the time, Dominique Pelicot, in an online chatroom named “without her knowledge”, where Pelicot was looking for men to enter his residence to rape his wife after he had sedated her into a unconscious state.

We expect the panel will affirm that in this society, human rights are also women’s rights – that consent is personal, not transferred,” stated Gisèle Pelicot’s lawyer, Antoine Camus. “Consent is obtained directly and not through someone else from a spouse.”

Context

Dominique Pelicot, among the most severe sex offenders in modern French history, was given a prison term to two decades in prison last year for sedating his then wife and bringing in multiple perpetrators to rape her in her home in the town of Mazan over a span of nearly ten years of their marriage.

Numerous other individuals were found convicted in a widely publicized trial last year, and the appellant was the sole individual to appeal against his verdict. He was first handed a term to nine years in prison, a sentence enhanced on Thursday to 10 years.

The state's attorney, Dominique Sie, had contended he should serve twelve years, because he “stubbornly rejects to take any accountability”.

Courtroom Details

The defendant had initially sent the husband graphic images and then driven an hour from his residence in the region to rape Gisèle Pelicot, after telling his wife he was leaving, the evidence indicated.

Pelicot, who was brought from solitary confinement in prison to temporarily provide testimony at the appeal trial, informed the court that Dogan had known his wife had been “sedated” and he communicated to men by phone: “I seek someone to assault my wife after I’ve rendered her unconscious unbeknownst to her.”

The courtroom became a focus point for a broader debate on societal attitudes in society as Dogan continued to claim he was not guilty and had not committed rape, contending that because the victim's husband had welcomed him into the bedroom, his conduct had been justifiable.

The panel in the higher court was presented with recorded footage of Gisèle Pelicot’s unresponsive form, comatose and breathing heavily in a unconscious condition, while a smiling Dogan committed rape on several occasions over a period of what police said was several hours. The presiding judge said she had been at risk of fatal outcome by choking. The state prosecution said there was absolute certainty that she had been incapacitated and had not agreed.

Accused's Testimony

The defendant informed the court the recordings were simply “sexual encounters” and rejected it was assault. He said what he did was “an intimate behavior”, not assault. He told the court: “I am innocent of assault.” He said the victim's husband had brought him to the residence, and therefore it was acceptable. He said he was deceived by the husband. “I attempted to cease,” the accused informed the court. “I carried on because he persuaded me.”

Asked if he wanted to make a final statement to the court, Dogan said: “I did not intend to hurt that lady.”

Survivor's Statement

The survivor, who was supported upon leaving court each day by onlookers assembled to back her, addressed the defendant in court: “You do not grasp. When will you admit you assaulted me? It is unlawful to assault an unconscious woman. At what point did I give you permission? Never.”

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

Prosecutor's Remarks

Sie, speaking to Gisèle Pelicot in court, said the defendant's refusal to take accountability showed that: “The shame remains. The public is maybe in the course of that, maybe driven by the societal understanding resulting from the revelation of your ordeal.”

Sie said the defendant's claims of innocence showed how societal tolerance was still common in society as part of “archaic” forms of “patriarchal control”. He said: “Now we must change the culture of violence to a ethos of permission.”

Sie addressed Dogan: “For as much as you refuse to admit it, it’s not just a person, it’s an whole unpleasant social system that you are supporting.”

Personal History

The accused was originated from Turkey and at the age of five came to the nation of France, where his father worked as a building manager. The evidence indicated that his father was violent and that Dogan began smoking cannabis aged 10. When he was seventeen he was apprehended by police for drug trafficking and his parent forced him to leave of home. He served time in prison for narcotics offenses in his twenties and had worked as a laborer but had experienced periods of homelessness.

He was wed and had a child with a genetic condition, who he was the main caregiver for, as his spouse worked in a educational cafeteria. The evidence showed his spouse did not know he had frequent intimate relations outside their marriage. His defence said this was his method of dealing with his stressful life. The defendant had stated to a court psychologist that annually he sought commercial sex on his special day. His legal representatives informed the court he had joint inflammation caused by the stress of the initial proceedings.