France's Appeal Tribunal Uphighers Sentence for Gisèle Pelicot Rapist

A man was declared guilty on appeal of raping Gisele Pelicot after she was drugged unconscious by her then-husband – and received his jail term increased to 10 years.

Higher Court Case

Husamettin Dogan, 44, an out-of-work construction worker, who had challenged his initial guilty verdict last year, underwent a new trial this week at the appeals court in Nîmes.

A panel of nine jurors, joined by three judges, found Dogan guilty on Thursday of raping the victim in her home in Provence in the early hours of June 29, 2019.

The testimony revealed that the accused, a married father, connected with the victim's husband at the time, Dominique Pelicot, in an internet forum titled “without her consent”, where Pelicot was looking for men to visit his house to assault his wife after he had drugged her into a deep sleep.

“We hope the jury will declare that in this society, fundamental rights are also women’s rights – that consent is personal, not transferred,” said the victim's lawyer, Antoine Camus. “Permission is secured personally and not through someone else from a spouse.”

Case History

Dominique Pelicot, a notorious sex offenders in France's contemporary records, was given a prison term to two decades in prison last year for drugging his then wife and inviting multiple perpetrators to sexually assault her in her home in the town of Mazan over a span of almost a decade of their union.

Dozens of additional defendants were found guilty in a high-profile trial last year, and the appellant was the sole individual to challenge his conviction. He was originally sentenced to 9 years in prison, a punishment enhanced on Thursday to a decade.

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

Testimony and Proof

Dogan had first sent Dominique Pelicot sexually explicit photos and then driven an hour from his village in Provence to assault Gisèle Pelicot, after informing his wife he was stepping out, the court heard.

The ex-husband, who was transported from solitary confinement in prison to temporarily give evidence at the retrial, stated to the court that Dogan had understood his wife had been “incapacitated” and he told to men by phone: “I want someone to abuse my wife after I’ve put her to sleep without her consent.”

The courtroom became a central issue for a broader debate on sexual violence norms in society as Dogan continued to claim he was blameless and had not committed rape, stating that because Gisèle Pelicot’s husband had allowed him into the residence, his behavior had been acceptable.

The jury in the higher court was shown visual proof of Gisèle Pelicot’s limp body, sedated and breathing heavily in a deep sleep, while a grinning Dogan engaged in violation repeatedly over a timeframe of what police said was 3.5 hours. The presiding judge said she had been at danger of fatal outcome by choking. The state's case said there was no question that she had been unconscious and had not given permission.

Defendant's Statements

Dogan stated to the court the videos were simply “sex scenes” and denied it was rape. He said what he did was “an intimate behavior”, not rape. He told the court: “I am innocent of assault.” He said the victim's husband had brought him to the house, and therefore it was OK. He said he was manipulated by the husband. “I wanted to stop,” Dogan stated to the court. “I continued because he reassured me.”

Asked if he wanted to make a final statement to the court, the defendant said: “I did not intend to injure that individual.”

Victim's Response

The survivor, who was supported upon departing the trial each day by onlookers gathered to support her, addressed Dogan in court: “You fail to comprehend. When will you admit you raped me? It is illegal to rape an unconscious woman. How could I have give you consent? Never.”

Gisèle Pelicot, seventy-two, became an international feminist hero after she waived her right to privacy in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

The prosecutor, speaking to the victim in court, said the defendant's refusal to take blame showed that: “Shame has not yet changed sides. Society is possibly in the course of that, possibly driven by the collective awareness resulting from the revelation of your situation.”

Sie said the defendant's claims of non-guilt showed how societal tolerance was still prevalent in society as part of “outdated” forms of “gender-based power”. He said: “We need to change the culture of violence to a ethos of permission.”

The prosecutor told the defendant: “For as much as you reject it, it’s not just a person, it’s an entire disturbing social system that you are supporting.”

Personal History

Dogan was born in the country of Turkey and at the age of 5 relocated to France, where his parent worked as a concierge. The evidence indicated that his father was abusive and that the defendant began smoking cannabis aged ten. When he was 17 he was apprehended by authorities for dealing drugs and his parent kicked him out the residence. He was incarcerated in prison for drug dealing in his young adulthood and had worked as a laborer but had experienced periods of being unhoused.

He was married and had a child with a genetic condition, who he was the main caregiver for, as his wife worked in a institution's dining hall. The testimony revealed his wife did not know he had regular sexual encounters outside their marriage. His defence said this was his way of coping with his difficult circumstances. The defendant had told a mental health expert that annually he sought paid sex on his birthday. His attorneys told the court he had joint inflammation caused by the pressure of the first trial.