French Higher Tribunal Raises Jail Time for Gisele Pelicot Assailant

A man was declared guilty on appeal of raping Gisèle Pelicot following she was sedated by her husband – and has had his jail term extended to a decade.

Appeal Trial

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

A panel of five men and four women, sitting with three judges, ruled against Dogan on Thursday of sexually assaulting Pelicot in her home in southern France in the morning of June 29, 2019.

The court heard that the accused, a family man, reached out to Gisèle Pelicot’s husband at the time, the husband, in an internet forum titled “unbeknownst to her”, where the husband was recruiting men to visit his house to rape his wife once he had rendered her unconscious into a deep sleep.

We trust the court will say loud and clear that in this nation, human rights are also women’s rights – that agreement is personal, not delegated,” said the victim's attorney, her legal representative. “Agreement is obtained directly and not via a representative from a spouse.”

Background

Dominique Pelicot, a notorious sex offenders in recent French history, was handed a sentence to two decades in prison last year for incapacitating his then wife and inviting dozens of men to rape her in her home in the community of the village of Mazan over a duration of almost a decade of their marriage.

Fifty other men were found convicted in a notable trial last year, and the appellant was the sole individual to challenge his sentence. He was originally given a sentence to nine years in prison, a penalty increased on Thursday to 10 years.

The chief prosecutor, the prosecutor, had stated he should serve twelve years, because he “stubbornly rejects to take any accountability”.

Testimony and Proof

Dogan had first sent Dominique Pelicot inappropriate pictures and then traveled an hour from his town in Provence to rape the victim, after telling his wife he was going out, the evidence indicated.

Pelicot, who was transported from segregation in prison to temporarily testify at the hearing, stated to the court that Dogan had been aware his wife had been “drugged” and he communicated to men by phone: “I want someone to abuse my wife after I’ve rendered her unconscious unbeknownst to her.”

The proceedings became a focus point for a wider discussion on societal attitudes in society as Dogan continued to assert he was innocent and had not perpetrated assault, stating that because the victim's husband had allowed him into the bedroom, his conduct had been acceptable.

The panel in the higher court was presented with recorded footage of Gisèle Pelicot’s unresponsive form, unconscious and snoring in a comatose state, while a grinning the perpetrator engaged in violation multiple times over a timeframe of what authorities reported was three and a half hours. The presiding judge said she had been at risk of fatal outcome by asphyxiation. The state prosecution said there was no question that she had been unaware and had not agreed.

Dogan's Claims

The defendant told the court the videos were simply “intimate moments” and denied it was rape. He said what he did was “a consensual activity”, not assault. He declared the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had brought him to the home, and therefore it was OK. He said he was influenced by the husband. “I wanted to stop,” the accused stated to the court. “I continued because he convinced me.”

Inquired if he wanted to make a last words to the court, the defendant said: “I never wanted to harm that lady.”

Pelicot's Words

The victim, who was supported upon departing the trial each day by supporters assembled to back her, told the defendant in court: “You do not grasp. When are you going to recognise you violated me? It is unlawful to assault an incapacitated woman. When did I ever give you agreement? At no time.”

The victim, 72, became an global icon after she gave up her right to privacy in the trial last year when she said: “Shame must change sides.”

State's Argument

Sie, addressing Gisèle Pelicot in court, said Dogan’s unwillingness to take blame showed that: “Guilt has not shifted. The public is perhaps in the process of that, maybe propelled by the collective awareness spurred by the revelation of your case.”

The prosecutor said Dogan’s claims of innocence showed how rape culture was still prevalent in society as part of “archaic” forms of “patriarchal control”. He said: “It is imperative to change the culture of violence to a society based on agreement.”

Sie addressed the defendant: “As long as you refuse to admit it, it’s not just a woman, it’s an entire disturbing social system that you are endorsing.”

Biographical Details

Dogan was originated from the country of Turkey and at the age of five moved to France, where his father worked as a caretaker. The court heard that his father was violent and that Dogan began smoking cannabis aged 10. When he was seventeen he was apprehended by police for dealing drugs and his parent kicked him out the residence. He was incarcerated in prison for trafficking in his young adulthood and had worked as a laborer but had experienced periods of homelessness.

He was married and had a son with a genetic condition, who he was the principal carer for, as his wife worked in a school canteen. The court heard his wife did not know he had regular intimate relations beyond their union. His defence said this was his strategy for managing with his challenging existence. Dogan had informed a court psychologist that each year he engaged in paid sex on his birthday. His attorneys stated to the court he had a medical condition resulting from the anxiety of the original case.