France's Higher Court Uphighers Prison Term for Gisèle Pelicot Perpetrator

A man was convicted on higher court review of raping Gisele Pelicot after she was sedated by her then-husband – and was given his jail term raised to 10 years.

Appeal Trial

Husamettin Dogan, 44, an unemployed builder, who had appealed his first conviction last year, underwent a new trial this week at the Nîmes court of appeal.

A panel of five men and four women, accompanied by three judges, ruled against Dogan on Thursday of sexually assaulting the victim in her bedroom in southern France in the morning of 29 June 2019.

The evidence showed that Dogan, a family man, reached out to the victim's spouse, Dominique Pelicot, in an internet forum called “unbeknownst to her”, where the husband was seeking men to come to his home to rape his wife once he had sedated her into a comatose state.

We trust the court will say loud and clear that in this country, fundamental rights are also women’s rights – that consent is individual, not transferred,” stated Gisèle Pelicot’s lawyer, her legal representative. “Consent is secured directly and not via a representative from a husband.”

Background

Dominique Pelicot, one of the worst sex offenders in recent French history, was given a prison term to two decades in prison last year for incapacitating his spouse and inviting multiple perpetrators to rape her in her home in the town of the village of Mazan over a span of many years of their marriage.

Dozens of additional defendants were found culpable in a widely publicized trial last year, and the appellant was the single defendant to contest his verdict. He was initially handed a term to nine years in prison, a punishment raised on Thursday to a decade.

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

Testimony and Proof

Dogan had initially sent the husband graphic images and then traveled an hour from his town in the region to rape Gisèle Pelicot, after notifying his wife he was leaving, the testimony revealed.

Pelicot, who was brought from segregation in prison to temporarily testify at the appeal trial, informed the court that the accused had been aware his wife had been “incapacitated” and he told to men by phone: “I want someone to violate my wife after I’ve rendered her unconscious unbeknownst to her.”

The proceedings became a central issue for a wider discussion on societal attitudes in society as the defendant continued to assert he was not guilty and had not committed rape, stating that because Gisèle Pelicot’s husband had invited him into the room, his behavior had been permissible.

The panel in the higher court was shown video evidence of Gisèle Pelicot’s limp body, unconscious and breathing heavily in a unconscious condition, while a smiling the perpetrator committed rape multiple times over a duration of what investigators stated was three and a half hours. The presiding judge said she had been at danger of death by suffocation. The prosecution said there was no question that she had been incapacitated and had not consented.

Accused's Testimony

The defendant stated to the court the videos were simply “sex scenes” and rejected it was assault. He said what he did was “a sexual act”, not assault. He stated the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had allowed him to the home, and therefore it was OK. He said he was influenced by Dominique Pelicot. “I tried to halt,” the accused informed the court. “I carried on because he convinced me.”

Asked if he wanted to make a final statement to the court, the defendant said: “I had no desire to injure that lady.”

Pelicot's Words

The victim, who was applauded upon leaving court each day by supporters gathered to stand with her, addressed Dogan in court: “You do not grasp. When will you acknowledge you raped me? It’s a crime to assault an incapacitated woman. How could I have give you permission? At no time.”

Gisèle Pelicot, seventy-two, became an global icon after she relinquished her right to confidentiality in the trial last year when she said: “The shame should shift.”

Legal Commentary

Sie, speaking to Gisèle Pelicot in court, said the defendant's failure to take accountability showed that: “Guilt has not shifted. Society is possibly in the process of that, perhaps driven by the societal understanding spurred by the revelation of your situation.”

The prosecutor said Dogan’s claims of blamelessness showed how rape culture was still widespread in society as part of “archaic” forms of “patriarchal control”. He said: “We need to change the culture of violence to a culture of consent.”

The prosecutor told the defendant: “As long as you refuse to admit it, it’s not just a individual, it’s an complete disturbing societal structure that you are endorsing.”

Biographical Details

Dogan was originated from Turkey and at the age of five came to the nation of France, where his father worked as a concierge. The evidence indicated that his father was abusive and that Dogan began consuming marijuana aged 10. When he was 17 he was stopped by police for selling narcotics and his parent evicted him of home. He served time in prison for trafficking in his young adulthood and had worked as a builder but had experienced periods of homelessness.

He was wed and had a child with a genetic condition, who he was the primary guardian for, as his spouse worked in a school canteen. The court heard his spouse did not know he had repeated sexual encounters beyond their union. His defence said this was his way of coping with his stressful life. The defendant had informed a evaluator that once a year he sought transactional encounters on his birthday. His attorneys stated to the court he had a medical condition caused by the stress of the initial proceedings.