French Higher Court Raises Prison Term for Gisele Pelicot Rapist

An individual has been found guilty on appeal of sexually assaulting Gisèle Pelicot after she was sedated by her then-husband – and received his prison sentence raised to ten years.

Retrial Proceedings

Husamettin Dogan, forty-four, an unemployed builder, who had challenged his first conviction last year, faced a new trial this week at the Nîmes court of appeal.

A panel of nine jurors, accompanied by three judges, convicted Dogan on Thursday of raping Pelicot in her home in southern France in the early hours of June 29, 2019.

The testimony revealed that Dogan, a married father, connected with Gisèle Pelicot’s husband at the time, the husband, in an internet forum titled “unbeknownst to her”, where the husband was recruiting men to come to his home to rape his wife once he had drugged her into a unconscious state.

We trust the court will declare that in this country, fundamental rights are also women’s rights – that consent is individual, not transferred,” stated Gisèle Pelicot’s attorney, her legal representative. “Consent is secured personally and not by proxy from a husband.”

Context

The husband, one of the worst sexual predators in France's contemporary records, was handed a sentence to 20 years in prison last year for sedating his then wife and bringing in numerous individuals to rape her in her home in the town of Mazan over a period of almost a decade of their union.

Numerous other individuals were found guilty in a notable trial last year, and the appellant was the only man to contest his verdict. He was originally handed a term to nine years in prison, a punishment enhanced on Thursday to ten years.

The lead state prosecutor, Dominique Sie, had argued he should serve 12 years, because he “completely denies to take any accountability”.

Evidence Presented

Dogan had initially sent Dominique Pelicot graphic images and then traveled an hour from his residence in the region to rape the victim, after telling his wife he was going out, the evidence indicated.

Pelicot, who was brought from segregation in prison to briefly give evidence at the hearing, informed the court that Dogan had known his wife had been “sedated” and he told to men by phone: “I seek someone to abuse my wife after I’ve rendered her unconscious unbeknownst to her.”

The courtroom became a central issue for a broader debate on rape culture in society as Dogan continued to claim he was not guilty and had not committed rape, arguing that because the victim's husband had invited him into the residence, his conduct had been permissible.

The panel in the higher court was presented with recorded footage of Gisèle Pelicot’s limp body, sedated and breathing heavily in a comatose state, while a smiling Dogan engaged in violation on several occasions over a period of what police said was 3.5 hours. The court official said she had been at risk of fatal outcome by suffocation. The prosecution said there was absolute certainty that she had been unaware and had not given permission.

Defendant's Statements

The defendant told the court the recordings were simply “sexual encounters” and disputed it was assault. He said what he did was “an intimate behavior”, not rape. He declared the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had brought him to the house, and therefore it was OK. He said he was deceived by Dominique Pelicot. “I tried to halt,” the accused stated to the court. “I proceeded because he convinced me.”

Questioned if he wanted to make a closing remarks to the court, Dogan said: “I had no desire to injure that lady.”

Pelicot's Words

Gisèle Pelicot, who was supported upon leaving court each day by onlookers present to back her, addressed the defendant in court: “You haven’t understood. When are you going to recognise you raped me? It is unlawful to rape an unconscious woman. How could I have give you consent? Never.”

Gisèle Pelicot, seventy-two, became an global icon after she gave up her right to confidentiality in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

The prosecutor, turning 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 course of that, maybe propelled by the societal understanding spurred by the publication of your situation.”

The prosecutor said the defendant's claims of blamelessness showed how rape culture was still prevalent in society as part of “archaic” forms of “patriarchal control”. He said: “We need to change rape culture to a society based on agreement.”

Sie told the defendant: “While you deny it, it’s not just a individual, it’s an entire sordid cultural framework that you are supporting.”

Personal History

The accused was originated from Turkey and at the age of five moved to the nation of France, where his father worked as a caretaker. The court heard that his father was violent and that Dogan began smoking cannabis at the age of 10. When he was 17 he was stopped by authorities for dealing drugs and his parent evicted him of home. He spent time in prison for narcotics offenses in his twenties and had worked as a builder but had experienced periods of being unhoused.

He was married and had a child with special needs, who he was the primary guardian for, as his spouse worked in a institution's dining hall. The testimony revealed his wife did not know he had repeated extramarital activities beyond their marriage. His defence said this was his way of coping with his challenging existence. The defendant had informed a mental health expert that each year he engaged in paid sex on his special day. His attorneys informed the court he had joint inflammation caused by the stress of the first trial.