French Higher Court Raises Jail Time for Gisèle Pelicot Perpetrator

A man was declared guilty on appeal of sexually assaulting Gisele Pelicot following she was drugged unconscious by her spouse – and received his jail term raised to a decade.

Retrial Proceedings

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

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

The court heard that the accused, a married father, made contact with the victim's then husband, Dominique Pelicot, in an digital platform titled “without her knowledge”, where the husband was looking for men to visit his house to rape his wife after he had rendered her unconscious into a comatose state.

“We hope the court will declare that in this country, fundamental rights are also women’s rights – that agreement is individual, not delegated,” declared Gisèle Pelicot’s lawyer, her legal representative. “Permission is received personally and not via a representative from a spouse.”

Context

The ex-husband, among the most severe sex offenders in France's contemporary records, was given a prison term to twenty years in prison last year for sedating his then wife and soliciting multiple perpetrators to sexually assault her in her home in the Provence village of Mazan over a duration of nearly ten years of their union.

Numerous other individuals were found culpable in a high-profile trial last year, and Dogan was the single defendant to challenge his conviction. He was initially given a sentence to nine years in prison, a sentence enhanced on Thursday to 10 years.

The chief prosecutor, Dominique Sie, had argued he should serve 12 years, because he “completely denies to take any blame”.

Testimony and Proof

The defendant had first sent the husband sexually explicit photos and then driven an hour from his residence in Provence to assault Gisèle Pelicot, after telling his wife he was going out, the testimony revealed.

The ex-husband, who was transported from segregation in prison to briefly provide testimony at the hearing, stated to the court that Dogan had been aware his wife had been “incapacitated” and he told to men by phone: “I want someone to assault my wife after I’ve put her to sleep unbeknownst to her.”

The courtroom became a central issue for a broader debate on sexual violence norms in society as the defendant continued to claim he was blameless and had not perpetrated assault, arguing that because Gisèle Pelicot’s husband had invited him into the residence, his conduct had been justifiable.

The panel in the Nîmes appeals court was presented with recorded footage of Gisèle Pelicot’s unresponsive form, sedated and snoring in a deep sleep, while a grinning Dogan engaged in violation on several occasions over a period of what police said was 3.5 hours. The presiding judge said she had been at risk of death by asphyxiation. The state's case said there was no question that she had been unconscious and had not agreed.

Accused's Testimony

Dogan informed the court the footage were simply “sex scenes” and rejected 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 allowed him to the residence, and therefore it was OK. He said he was deceived by Dominique Pelicot. “I tried to halt,” Dogan informed the court. “I continued because he reassured me.”

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

Pelicot's Words

Gisèle Pelicot, who was applauded upon departing the trial each day by supporters assembled to support her, told the defendant in court: “You fail to comprehend. When will you admit you assaulted me? It is unlawful to rape an incapacitated woman. How could I have give you consent? Not once.”

The victim, 72, became an symbol of resistance after she relinquished her right to privacy in the trial last year when she said: “The shame should shift.”

State's Argument

Sie, turning to the victim in court, said Dogan’s failure to take responsibility showed that: “Guilt has not shifted. The community is perhaps in the process of that, perhaps driven by the public consciousness spurred by the revelation of your case.”

The prosecutor said Dogan’s claims of non-guilt showed how rape culture was still prevalent in society as part of “archaic” forms of “male domination”. He said: “We need to change the culture of violence to a culture of consent.”

The prosecutor told Dogan: “For as much as you deny it, it’s not just a person, it’s an entire sordid societal structure that you are upholding.”

Biographical Details

Dogan was originated from the country of Turkey and at the age of 5 relocated to the nation of France, where his father worked as a building manager. The testimony revealed that his parent was aggressive and that the defendant began consuming marijuana aged ten. When Dogan was seventeen he was caught by authorities for dealing drugs and his parent evicted him of home. He served time in prison for trafficking in his young adulthood and had worked as a laborer but had undergone periods of being unhoused.

He was married and had a child with special needs, who he was the primary guardian for, as his spouse worked in a educational cafeteria. The court heard his spouse did not know he had regular extramarital activities outside their marriage. His legal team said this was his method of dealing with his challenging existence. Dogan had stated to a mental health expert that each year he looked for paid sex on his birthday. His lawyers told the court he had joint inflammation resulting from the pressure of the first trial.