France's Appeal Tribunal Increases Sentence for Gisele Pelicot Rapist

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

Higher Court Case

Husamettin Dogan, forty-four, an out-of-work construction worker, who had challenged his first conviction last year, experienced a new trial this week at the higher court in Nîmes.

A panel of four women and five men, joined by three judges, ruled against Dogan on Thursday of raping the victim in her residence in the south of France in the morning of June 29, 2019.

The evidence showed that the accused, a married father, made contact with the victim's then husband, the husband, in an digital platform called “without her knowledge”, where the husband was seeking men to enter his residence to assault his wife after he had rendered her unconscious into a unconscious state.

“We hope the jury will affirm that in this nation, fundamental rights are also women’s rights – that permission is individual, not delegated,” said the victim's lawyer, Antoine Camus. “Permission is received directly and not by proxy from a spouse.”

Background

The ex-husband, one of the worst sex offenders in recent French history, was sentenced to two decades in prison last year for incapacitating his wife at the time and inviting dozens of men to rape her in her home in the Provence village of the village of Mazan over a period of many years of their union.

Numerous other individuals were found convicted in a high-profile trial last year, and the appellant was the sole individual to contest his verdict. He was originally sentenced to 9 years in prison, a punishment increased on Thursday to a decade.

The state's attorney, the prosecutor, had stated he should serve 12 years, because he “absolutely refuses to take any accountability”.

Evidence Presented

The defendant had initially sent Dominique Pelicot graphic images and then traveled an hour from his residence in the region to assault the victim, after notifying his wife he was stepping out, the testimony revealed.

The ex-husband, who was transported from isolation in prison to briefly give evidence at the appeal trial, informed the court that the accused had understood his wife had been “incapacitated” and he said to men by phone: “I want someone to abuse my wife after I’ve sedated her without her knowledge.”

The courtroom became a central issue for a wider discussion on sexual violence norms in society as Dogan continued to say he was not guilty and had not committed rape, contending that because the victim's husband had welcomed him into the bedroom, his actions had been justifiable.

The panel in the higher court was shown visual proof of Gisèle Pelicot’s unresponsive form, comatose and breathing heavily in a deep sleep, while a smiling Dogan performed assault repeatedly over a period of what investigators stated was three and a half hours. The judge said she had been at danger of fatal outcome by suffocation. The prosecution said there was no doubt that she had been unaware and had not agreed.

Dogan's Claims

Dogan stated to the court the footage were simply “sex scenes” and rejected it was assault. He said what he did was “a consensual activity”, not assault. He declared the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had allowed him to the home, and therefore it was permissible. He said he was influenced by the husband. “I wanted to stop,” the accused told the court. “I carried on because he persuaded me.”

Inquired if he wanted to make a last words to the court, Dogan said: “I had no desire to injure that lady.”

Pelicot's Words

The survivor, who was cheered upon leaving court each day by crowds present to support her, addressed Dogan in court: “You do not grasp. When will you acknowledge you assaulted me? It is illegal to assault an unconscious woman. When did I ever give you agreement? Not once.”

The victim, 72, became an international feminist hero after she waived her right to privacy in the trial last year when she said: “The shame should shift.”

State's Argument

Sie, addressing Gisèle Pelicot in court, said the defendant's unwillingness to take blame showed that: “Guilt has not shifted. The public is perhaps in the course of that, perhaps driven by the public consciousness brought by the publication of your situation.”

Sie said the defendant's claims of non-guilt showed how societal tolerance was still widespread in society as part of “old-fashioned” forms of “patriarchal control”. He said: “Now we must change rape culture to a culture of consent.”

Sie addressed the defendant: “While you refuse to admit it, it’s not just a person, it’s an complete sordid societal structure that you are endorsing.”

Personal History

Dogan was originated from Turkey and at the age of five relocated to France, where his father worked as a building manager. The testimony revealed that his father was abusive and that Dogan began using drugs aged 10. When Dogan was 17 he was caught by authorities for selling narcotics and his parent evicted him the residence. He spent time in prison for narcotics offenses in his twenties and had worked as a laborer but had undergone periods of living on the streets.

He was wed and had a son with special needs, who he was the principal carer for, as his spouse worked in a institution's dining hall. The evidence showed his wife did not know he had regular extramarital activities outside their marriage. His defence said this was his way of coping with his stressful life. Dogan had informed a mental health expert that annually he engaged in transactional encounters on his special day. His lawyers stated to the court he had joint inflammation triggered by the anxiety of the initial proceedings.