French Appeal Court Uphighers Sentence for Gisèle Pelicot Rapist

An individual was convicted on retrial of sexually assaulting Gisele Pelicot after she was drugged unconscious by her spouse – and received his prison sentence raised to a decade.

Appeal Trial

Husamettin Dogan, forty-four, an unemployed builder, who had appealed 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, ruled against Dogan on Thursday of raping Pelicot in her bedroom in southern France in the early hours of June 29, 2019.

The testimony revealed that Dogan, a married father, made contact with the victim's then husband, Dominique Pelicot, in an online chatroom titled “without her consent”, where Pelicot was seeking men to visit his house to assault his wife after he had drugged her into a deep sleep.

“We hope the jury will say loud and clear that in this country, fundamental rights are also women’s rights – that agreement is individual, not delegated,” said the victim's attorney, her legal representative. “Agreement is received directly and not via a representative from a spouse.”

Context

The ex-husband, one of the worst sexual predators in France's contemporary records, was handed a sentence to twenty years in prison last year for sedating his then wife and inviting dozens of men to sexually assault her in her home in the town of Mazan over a period of many years of their union.

Fifty other men were found convicted in a notable trial last year, and the appellant was the sole individual to contest his sentence. He was first handed a term to nine years in prison, a punishment enhanced on Thursday to ten years.

The state's attorney, Dominique Sie, had stated he should serve twelve years, because he “absolutely refuses to take any accountability”.

Evidence Presented

Dogan had initially sent the husband graphic images and then traveled an hour from his town in Provence to rape the victim, after notifying his wife he was leaving, the testimony revealed.

Pelicot, who was brought from segregation in prison to briefly testify at the hearing, informed the court that the accused had understood his wife had been “sedated” and he communicated to men by phone: “I’m looking for someone to violate my wife after I’ve rendered her unconscious unbeknownst to her.”

The proceedings became a focus point for a broader debate on societal attitudes in society as Dogan continued to assert he was blameless and had not committed rape, contending that because Gisèle Pelicot’s husband had welcomed him into the bedroom, his behavior had been justifiable.

The jury in the Nîmes appeals court was shown video evidence of Gisèle Pelicot’s limp body, sedated and snoring in a comatose state, while a grinning Dogan engaged in violation on several occasions over a period of what authorities reported was several hours. The presiding judge said she had been at risk of death by choking. The prosecution said there was absolute certainty that she had been incapacitated and had not agreed.

Accused's Testimony

The defendant informed the court the footage were simply “intimate moments” and disputed it was assault. He said what he did was “a consensual activity”, not assault. He stated the court: “I am innocent of assault.” He said the victim's husband had invited him to the house, and therefore it was OK. He said he was deceived by the husband. “I attempted to cease,” the accused informed the court. “I carried on because he reassured me.”

Asked if he wanted to make a closing remarks to the court, the defendant said: “I never wanted to hurt that woman.”

Survivor's Statement

The survivor, who was supported upon leaving court each day by crowds gathered to support her, said to Dogan in court: “You haven’t understood. When are you going to recognise you raped me? It is unlawful to rape an unaware woman. When did I ever give you agreement? Not once.”

Gisèle Pelicot, 72, became an global icon after she gave up her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”

Legal Commentary

The prosecutor, turning to the victim in court, said Dogan’s failure to take accountability showed that: “The shame remains. Society is maybe in the midst of that, perhaps driven by the collective awareness resulting from the exposure of your situation.”

The prosecutor said Dogan’s claims of blamelessness showed how societal tolerance was still widespread in society as part of “old-fashioned” forms of “male domination”. He said: “It is imperative to change rape culture to a society based on agreement.”

The prosecutor told Dogan: “As long as you deny it, it’s not just a person, it’s an complete disturbing societal structure that you are endorsing.”

Defendant's Background

Dogan was originated from the country of Turkey and at the age of five relocated to France, where his father worked as a building manager. The evidence indicated that his parent was abusive and that Dogan began consuming marijuana at the age of ten. When Dogan was seventeen he was apprehended by authorities for drug trafficking and his parent evicted him of home. He was incarcerated in prison for narcotics offenses in his twenties and had worked as a laborer but had experienced periods of living on the streets.

He was married and had a son with a genetic condition, who he was the primary guardian for, as his spouse worked in a school canteen. The testimony revealed his spouse did not know he had regular sexual encounters outside their union. His defence said this was his way of coping with his challenging existence. The defendant had stated to a court psychologist that each year he engaged in commercial sex on his birthday. His attorneys stated to the court he had joint inflammation triggered by the stress of the first trial.