French Appeal Court Uphighers Jail Time for Gisèle Pelicot Perpetrator

A man was convicted on higher court review of sexually assaulting Gisèle Pelicot after she was drugged unconscious by her then-husband – and has had his prison sentence raised to ten years.

Appeal Trial

Husamettin Dogan, 44, an unemployed builder, who had contested his first conviction last year, faced a retrial this week at the appeals court in Nîmes.

A jury of four women and five men, accompanied by three judges, found Dogan guilty on Thursday of raping Pelicot in her residence in the south of France in the early hours of June 29, 2019.

The testimony revealed that the accused, a married father, made contact with Gisèle Pelicot’s spouse, the husband, in an digital platform named “without her consent”, where Pelicot was seeking men to visit his house to rape his wife after he had sedated her into a deep sleep.

We expect the panel will declare that in this nation, human rights are also rights of women – that consent is individual, not delegated,” declared Gisèle Pelicot’s attorney, Antoine Camus. “Agreement is received personally and not through someone else from a husband.”

Context

The ex-husband, a notorious sexual predators in France's contemporary records, was given a prison term to 20 years in prison last year for drugging his then wife and inviting numerous individuals to rape her in her home in the town of Mazan over a period of many years of their marriage.

Numerous other individuals were found guilty in a widely publicized trial last year, and the appellant was the sole individual to contest his verdict. He was initially sentenced to nine years in prison, a punishment raised on Thursday to 10 years.

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

Courtroom Details

The defendant had first sent the husband inappropriate pictures and then traveled an hour from his town in the region to rape the victim, after informing his wife he was leaving, the evidence indicated.

The ex-husband, who was transported from isolation in prison to temporarily provide testimony at the hearing, told the court that Dogan had known his wife had been “sedated” and he communicated to men by phone: “I seek someone to abuse my wife after I’ve rendered her unconscious without her knowledge.”

The courtroom became a key topic for a wider discussion on sexual violence norms in society as the defendant continued to say he was blameless and had not perpetrated assault, contending that because Gisèle Pelicot’s husband had allowed him into the residence, his conduct had been acceptable.

The jury in the higher court was presented with video evidence of Gisèle Pelicot’s unconscious figure, unconscious and breathing heavily in a unconscious condition, while a grinning the perpetrator committed rape multiple times over a timeframe of what police said was several hours. The presiding judge said she had been at risk of death by asphyxiation. The state's case said there was no question that she had been unaware and had not given permission.

Accused's Testimony

Dogan informed the court the videos were simply “sex scenes” and denied it was violation. He said what he did was “a consensual activity”, not assault. He declared the court: “I never raped.” He said the victim's husband had allowed him to the house, and therefore it was OK. He said he was manipulated by the husband. “I tried to halt,” Dogan informed the court. “I carried on because he reassured me.”

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

Survivor's Statement

Gisèle Pelicot, who was supported upon leaving court each day by crowds assembled to back her, addressed Dogan in court: “You do not grasp. When are you going to recognise you raped me? It is illegal to assault an incapacitated woman. When did I ever give you consent? At no time.”

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

State's Argument

The prosecutor, turning to the victim in court, said the defendant's failure to take blame showed that: “Guilt has not shifted. Society is possibly in the midst of that, maybe propelled by the collective awareness spurred by the revelation of your ordeal.”

Sie said Dogan’s claims of blamelessness showed how societal tolerance was still prevalent in society as part of “outdated” forms of “male domination”. He said: “It is imperative to change rape culture to a ethos of permission.”

Sie told the defendant: “For as much as you reject it, it’s not just a woman, it’s an entire disturbing societal structure that you are endorsing.”

Biographical Details

Dogan was originated from the country of 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 parent was violent and that the defendant began smoking cannabis aged 10. When Dogan was 17 he was stopped by authorities for drug trafficking and his father forced him to leave the family house. He served time in prison for drug dealing in his early 20s and had worked as a construction worker but had undergone periods of living on the streets.

He was married and had a son with special needs, who he was the primary guardian for, as his wife worked in a educational cafeteria. The court heard his wife did not know he had frequent extramarital activities beyond their marriage. His legal team said this was his method of dealing with his difficult circumstances. The defendant had told a evaluator that once a year he looked for transactional encounters on his birthday. His attorneys informed the court he had a medical condition resulting from the stress of the original case.