French Appeal Court Raises Prison Term for Gisele Pelicot Assailant

A man has been found guilty on higher court review of sexually assaulting Gisèle Pelicot after she was drugged unconscious by her then-husband – and received his prison sentence increased to ten years.

Higher Court Case

Husamettin Dogan, 44, an unemployed builder, who had appealed his initial guilty verdict last year, underwent a new trial this week at the higher court in Nîmes.

A jury of five men and four women, joined by three judges, convicted Dogan on Thursday of raping Pelicot in her bedroom in the south of France in the morning of June 29, 2019.

The evidence showed that the accused, a family man, reached out to Gisèle Pelicot’s husband at the time, Dominique Pelicot, in an digital platform called “without her consent”, where Pelicot was looking for men to visit his house to assault his wife after he had sedated her into a unconscious state.

We trust the court will say loud and clear that in this nation, human rights are also women’s rights – that permission is personal, not given by another,” stated Gisèle Pelicot’s attorney, her legal representative. “Agreement is secured directly and not via a representative from a spouse.”

Background

Dominique Pelicot, a notorious sex offenders in modern French history, was sentenced to 20 years in prison last year for sedating his spouse and bringing in numerous individuals to rape her in her home in the town of the village of Mazan over a duration of nearly ten years of their union.

Numerous other individuals were found guilty in a widely publicized trial last year, and the appellant was the only man to contest his verdict. He was initially sentenced to 9 years in prison, a penalty enhanced on Thursday to a decade.

The state's attorney, Dominique Sie, had stated he should serve 12 years, because he “completely denies to take any blame”.

Evidence Presented

Dogan had first sent Dominique Pelicot sexually explicit photos and then driven an hour from his village in the region to assault the victim, after informing his wife he was stepping out, the evidence indicated.

The ex-husband, who was brought from isolation in prison to briefly testify at the appeal trial, stated to the court that Dogan had understood his wife had been “drugged” and he said to men by phone: “I want someone to assault my wife after I’ve put her to sleep without her consent.”

The trial became a focus point for a broader debate on societal attitudes in society as Dogan continued to assert he was blameless and had not engaged in violation, arguing that because Gisèle Pelicot’s husband had welcomed him into the residence, his actions had been acceptable.

The jury in the Nîmes appeals court was shown recorded footage of Gisèle Pelicot’s unconscious figure, comatose and breathing heavily in a unconscious condition, while a grinning Dogan engaged in violation on several occasions over a duration of what authorities reported was 3.5 hours. The court official said she had been at risk of death by choking. The prosecution said there was no doubt that she had been incapacitated and had not given permission.

Defendant's Statements

The defendant told the court the footage were simply “sexual encounters” and disputed it was rape. He said what he did was “a consensual activity”, not assault. He declared the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had brought him to the home, and therefore it was acceptable. He said he was influenced by the husband. “I tried to halt,” the accused told the court. “I carried on because he persuaded me.”

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

Survivor's Statement

The survivor, who was applauded upon exiting the courtroom each day by onlookers present to support her, addressed Dogan in court: “You fail to comprehend. When are you going to recognise you assaulted me? It is unlawful to rape an unaware woman. When did I ever give you permission? At no time.”

The victim, 72, became an global icon after she relinquished her right to anonymity in the trial last year when she said: “The shame should shift.”

Prosecutor's Remarks

Sie, addressing the victim in court, said Dogan’s unwillingness to take accountability showed that: “Shame has not yet changed sides. Society is maybe in the course of that, perhaps motivated by the public consciousness spurred by the revelation of your situation.”

Sie said Dogan’s claims of non-guilt showed how rape culture was still prevalent in society as part of “old-fashioned” forms of “male domination”. He said: “It is imperative to change rape culture to a ethos of permission.”

Sie told Dogan: “As long as you deny it, it’s not just a individual, it’s an whole unpleasant cultural framework that you are endorsing.”

Defendant's Background

The accused was born in the country of Turkey and at the age of 5 moved to the nation of France, where his father worked as a caretaker. The evidence indicated that his father was violent and that Dogan began smoking cannabis at the age of ten. When Dogan was 17 he was apprehended by police for drug trafficking and his parent evicted him the family house. He served time in prison for drug dealing in his young adulthood and had worked as a construction worker but had undergone periods of being unhoused.

He was wed and had a child with Down’s syndrome, who he was the principal carer for, as his spouse worked in a educational cafeteria. The testimony revealed his wife did not know he had frequent extramarital activities outside their marriage. His defence said this was his strategy for managing with his stressful life. Dogan had told a evaluator that each year he engaged in commercial sex on his special day. His legal representatives stated to the court he had joint inflammation resulting from the stress of the initial proceedings.