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

A defendant has been found guilty on higher court review of sexually assaulting Gisèle Pelicot following she was drugged unconscious by her then-husband – and has had his incarceration period extended to ten years.

Retrial Proceedings

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

A jury of five men and four women, accompanied by three judges, convicted Dogan on Thursday of sexually assaulting Pelicot in her home in the south of France in the early hours of 29 June 2019.

The court heard that Dogan, a family man, reached out to the victim's then husband, Dominique Pelicot, in an internet forum titled “without her knowledge”, where Pelicot was recruiting men to visit his house to rape his wife after he had rendered her unconscious into a unconscious state.

We expect the jury will say loud and clear that in this country, fundamental rights are also rights of women – that permission is individual, not delegated,” stated Gisèle Pelicot’s lawyer, her legal representative. “Permission is secured personally and not through someone else from a husband.”

Case History

The husband, one of the worst sex offenders in France's contemporary records, was handed a sentence to two decades in prison last year for drugging his wife at the time and bringing in numerous individuals to sexually assault her in her home in the Provence village of Mazan over a span of many years of their marriage.

Numerous other individuals were found culpable in a notable trial last year, and the appellant was the sole individual to challenge his conviction. He was originally given a sentence to nine years in prison, a sentence raised on Thursday to ten years.

The lead state prosecutor, the prosecutor, had stated he should serve 12 years, because he “completely denies to take any responsibility”.

Testimony and Proof

The defendant had initially sent the husband sexually explicit photos and then driven an hour from his village in Provence to rape the victim, after informing his wife he was leaving, the evidence indicated.

Pelicot, who was brought from segregation in prison to briefly give evidence at the retrial, stated to the court that Dogan had understood his wife had been “drugged” and he told to men by phone: “I seek someone to abuse my wife after I’ve sedated her without her knowledge.”

The courtroom became a focus point for a larger conversation on sexual violence norms in society as the defendant continued to assert he was blameless and had not engaged in violation, contending that because Gisèle Pelicot’s husband had welcomed him into the room, his actions had been acceptable.

The jury in the higher court was displayed recorded footage of Gisèle Pelicot’s unconscious figure, sedated and snoring in a deep sleep, while a smiling the perpetrator performed assault repeatedly over a timeframe of what investigators stated was several hours. The court official said she had been at danger of fatal outcome by choking. The state's case said there was absolute certainty that she had been incapacitated and had not consented.

Dogan's Claims

The defendant stated to the court the videos were simply “sex scenes” and denied it was rape. He said what he did was “a sexual act”, not assault. He told 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 deceived by Dominique Pelicot. “I wanted to stop,” Dogan informed the court. “I proceeded because he reassured me.”

Questioned if he wanted to make a last words to the court, the defendant said: “I never wanted to harm that individual.”

Victim's Response

Gisèle Pelicot, who was supported upon exiting the courtroom each day by supporters present to support her, told the defendant in court: “You fail to comprehend. When are you going to recognise you assaulted me? It’s a crime to assault an incapacitated woman. How could I have give you permission? Not once.”

The victim, seventy-two, became an global icon after she gave up her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

The prosecutor, turning to the victim in court, said Dogan’s unwillingness to take accountability showed that: “The shame remains. The public is possibly in the midst of that, maybe motivated by the societal understanding brought by the revelation of your case.”

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

Sie told Dogan: “While you refuse to admit it, it’s not just a woman, it’s an complete disturbing social system that you are endorsing.”

Biographical Details

The accused was originated from the country of Turkey and at the age of five came to the nation of France, where his parent worked as a building manager. The testimony revealed that his parent was abusive and that Dogan began using drugs at the age of ten. When he was 17 he was apprehended by authorities for selling narcotics and his parent kicked him out of home. He was incarcerated in prison for narcotics offenses in his twenties and had worked as a laborer but had faced periods of being unhoused.

He was married and had a son with a genetic condition, who he was the principal carer for, as his spouse worked in a school canteen. The evidence showed his wife did not know he had repeated extramarital activities outside their union. His defence said this was his method of dealing with his challenging existence. The defendant had told a mental health expert that annually he engaged in transactional encounters on his birthday. His legal representatives informed the court he had a medical condition triggered by the anxiety of the original case.