France's Higher Tribunal Increases Jail Time for Gisele Pelicot Perpetrator

A defendant has been found guilty on appeal of raping Gisèle Pelicot after she was drugged unconscious by her spouse – and has had his prison sentence increased to 10 years.

Retrial Proceedings

Husamettin Dogan, forty-four, an unemployed builder, who had challenged his initial guilty verdict last year, underwent a appeal hearing this week at the higher court in Nîmes.

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

The court heard that the accused, a married father, made contact with the victim's husband at the time, Dominique Pelicot, in an digital platform named “unbeknownst to her”, where Pelicot was looking for men to enter his residence to rape his wife after he had rendered her unconscious into a unconscious state.

We expect the panel will affirm that in this country, human rights are also women’s rights – that agreement is individual, not delegated,” declared Gisèle Pelicot’s lawyer, her legal representative. “Consent is secured personally and not by proxy from a spouse.”

Background

Dominique Pelicot, one of the worst sex offenders in recent French history, was handed a sentence to 20 years in prison last year for sedating his spouse and inviting numerous individuals to sexually assault her in her home in the community of the village of Mazan over a duration of nearly ten years of their marriage.

Numerous other individuals were found culpable in a widely publicized trial last year, and the appellant was the single defendant to appeal against his sentence. He was initially sentenced to nine years in prison, a punishment increased on Thursday to ten years.

The lead state prosecutor, the prosecutor, had argued he should serve 12 years, because he “absolutely refuses to take any responsibility”.

Testimony and Proof

Dogan had initially sent Dominique Pelicot sexually explicit photos and then driven an hour from his town in Provence to assault the victim, after telling his wife he was stepping out, the testimony revealed.

The ex-husband, who was brought from segregation in prison to temporarily testify at the hearing, stated to the court that Dogan had known 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 key topic for a larger conversation on rape culture in society as Dogan continued to claim he was not guilty and had not engaged in violation, arguing that because Gisèle Pelicot’s husband had invited him into the residence, his behavior had been justifiable.

The panel in the Nîmes appeals court was shown visual proof of Gisèle Pelicot’s unresponsive form, comatose and snoring in a unconscious condition, while a smiling Dogan engaged in violation multiple times over a duration of what investigators stated was 3.5 hours. The judge said she had been at danger of death by asphyxiation. The state's case said there was absolute certainty that she had been unaware and had not consented.

Accused's Testimony

The defendant stated to the court the videos were simply “sex scenes” and denied it was assault. He said what he did was “a sexual act”, not rape. He declared the court: “I am innocent of assault.” He said the victim's husband had allowed him to the house, and therefore it was OK. He said he was influenced by the husband. “I wanted to stop,” Dogan stated to the court. “I continued because he convinced me.”

Questioned if he wanted to make a last words to the court, the defendant said: “I had no desire to hurt that lady.”

Victim's Response

The victim, who was applauded upon departing the trial each day by crowds assembled to back her, addressed the defendant in court: “You fail to comprehend. When will you acknowledge you violated me? It’s a crime to rape an unaware woman. When did I ever give you consent? At no time.”

Gisèle Pelicot, 72, became an international feminist hero after she waived her right to anonymity in the trial last year when she said: “Guilt ought to transfer.”

State's Argument

The prosecutor, speaking to Gisèle Pelicot in court, said Dogan’s failure to take accountability showed that: “Shame has not yet changed sides. The public is possibly in the midst of that, possibly propelled by the societal understanding brought by the publication of your situation.”

Sie said the defendant's claims of non-guilt showed how normalized violence was still widespread in society as part of “old-fashioned” forms of “gender-based power”. He said: “It is imperative to change the culture of violence to a culture of consent.”

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

Defendant's Background

Dogan was born in Turkey and at the age of 5 moved to France, where his parent worked as a concierge. The testimony revealed that his parent was violent and that the defendant began smoking cannabis at the age of ten. When he was 17 he was caught by police for drug trafficking and his parent kicked him out the family house. He was incarcerated in prison for narcotics offenses in his young adulthood and had worked as a builder but had experienced periods of homelessness.

He was wed and had a child with special needs, who he was the main caregiver for, as his spouse worked in a institution's dining hall. The testimony revealed his spouse did not know he had regular extramarital activities outside their union. His defence said this was his strategy for managing with his difficult circumstances. Dogan had stated to a evaluator that once a year he engaged in paid sex on his birthday. His legal representatives informed the court he had arthritis resulting from the pressure of the original case.