French Appeal Court Uphighers Prison Term for Gisele Pelicot Perpetrator

An individual was declared guilty on appeal of sexually assaulting Gisele Pelicot following she was sedated by her spouse – and was given his incarceration period raised to 10 years.

Appeal Trial

Husamettin Dogan, forty-four, an unemployed builder, who had contested his first conviction last year, underwent a retrial this week at the appeals court in Nîmes.

A jury of nine jurors, accompanied by three judges, ruled against Dogan on Thursday of raping the victim in her home in southern France in the morning of June 29, 2019.

The court heard that the accused, a married father, reached out to Gisèle Pelicot’s spouse, Dominique Pelicot, in an online chatroom called “unbeknownst to her”, where Pelicot was looking for men to visit his house to assault his wife after he had drugged her into a comatose state.

We trust the court will say loud and clear that in this society, human rights are also rights of women – that consent is personal, not delegated,” stated the victim's attorney, her legal representative. “Agreement is obtained directly and not by proxy from a husband.”

Case History

The ex-husband, a notorious sex offenders in France's contemporary records, was sentenced to 20 years in prison last year for incapacitating his wife at the time and bringing in dozens of men to sexually assault her in her home in the Provence village of Mazan over a span of many years of their marriage.

Dozens of additional defendants were found convicted in a high-profile trial last year, and the appellant was the sole individual to challenge his sentence. He was initially given a sentence to nine years in prison, a punishment increased on Thursday to a decade.

The state's attorney, Dominique Sie, had contended he should serve 12 years, because he “absolutely refuses to take any accountability”.

Evidence Presented

The defendant had first sent Dominique Pelicot inappropriate pictures and then driven an hour from his village in the region to rape Gisèle Pelicot, after notifying his wife he was going out, the testimony revealed.

Pelicot, who was brought from solitary confinement in prison to briefly testify at the appeal trial, told the court that the accused had been aware his wife had been “incapacitated” and he said to men by phone: “I’m looking for someone to abuse my wife after I’ve put her to sleep unbeknownst to her.”

The proceedings became a focus point for a wider discussion on sexual violence norms in society as Dogan continued to claim he was innocent and had not perpetrated assault, contending that because Gisèle Pelicot’s husband had invited him into the bedroom, his behavior had been acceptable.

The panel in the higher court was presented with video evidence of Gisèle Pelicot’s limp body, comatose and snoring in a deep sleep, while a grinning the perpetrator performed assault repeatedly over a timeframe of what investigators stated was 3.5 hours. The court official said she had been at peril of fatal outcome by choking. The prosecution said there was absolute certainty that she had been unaware and had not consented.

Accused's Testimony

Dogan stated to the court the footage were simply “intimate moments” and rejected it was assault. 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 brought him to the residence, and therefore it was acceptable. He said he was manipulated by Dominique Pelicot. “I wanted to stop,” the accused stated to the court. “I continued because he persuaded me.”

Questioned if he wanted to make a last words to the court, the defendant said: “I did not intend to injure that individual.”

Survivor's Statement

The victim, who was applauded upon leaving court each day by crowds gathered to support her, said to the defendant in court: “You haven’t understood. When will you acknowledge you raped me? It is unlawful to assault an unconscious woman. How could I have give you consent? At no time.”

The victim, 72, became an symbol of resistance after she gave up her right to anonymity in the trial last year when she said: “Guilt ought to transfer.”

Legal Commentary

The prosecutor, speaking to the victim in court, said the defendant's refusal to take blame showed that: “The shame remains. The community is maybe in the midst of that, perhaps propelled by the collective awareness brought by the publication of your case.”

The prosecutor said the defendant's claims of innocence showed how normalized violence was still prevalent in society as part of “outdated” forms of “gender-based power”. He said: “Now we must change rape culture to a culture of consent.”

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

Defendant's Background

The accused was originated from Turkey and at the age of five moved to the nation of France, where his parent worked as a concierge. The evidence indicated that his parent was violent and that the defendant began consuming marijuana aged 10. When Dogan was 17 he was apprehended by police for dealing drugs and his parent kicked him out of home. He spent time in prison for drug dealing in his early 20s and had worked as a builder but had undergone periods of being unhoused.

He was wed and had a son with special needs, who he was the main caregiver for, as his spouse worked in a school canteen. The court heard his spouse did not know he had regular intimate relations beyond their marriage. His defence said this was his method of dealing with his difficult circumstances. Dogan had stated to a court psychologist that annually he sought paid sex on his birthday. His lawyers informed the court he had a medical condition triggered by the stress of the first trial.