France's Appeal Tribunal Raises Prison Term for Gisele Pelicot Perpetrator

A man has been found guilty on higher court review of sexually assaulting Gisèle Pelicot following she was rendered comatose by her spouse – and was given his incarceration period extended to a decade.

Retrial Proceedings

Husamettin Dogan, 44, an out-of-work construction worker, who had appealed his initial guilty verdict last year, underwent a appeal hearing this week at the appeals court in Nîmes.

A panel of four women and five men, accompanied by three judges, convicted Dogan on Thursday of raping the victim in her bedroom in the south of France in the morning of 29 June 2019.

The court heard that the accused, a married father, reached out to the victim's then husband, Dominique Pelicot, in an internet forum called “without her consent”, where Pelicot was recruiting men to enter his residence to assault his wife once he had drugged her into a comatose state.

We expect the panel will affirm that in this country, fundamental rights are also women’s rights – that agreement is personal, not delegated,” declared Gisèle Pelicot’s lawyer, Antoine Camus. “Permission is secured directly and not via a representative from a spouse.”

Background

Dominique Pelicot, one of the worst sex offenders in France's contemporary records, was sentenced to two decades in prison last year for drugging his wife at the time and inviting numerous individuals to rape her in her home in the town of Mazan over a period of many years of their union.

Numerous other individuals were found convicted in a notable trial last year, and Dogan was the only man to contest his conviction. He was first sentenced to nine years in prison, a sentence raised on Thursday to 10 years.

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

Testimony and Proof

Dogan had initially sent the husband graphic images and then traveled an hour from his village in Provence to assault the victim, after notifying his wife he was going out, the court heard.

Pelicot, who was transported from isolation in prison to temporarily testify at the retrial, informed the court that Dogan had been aware his wife had been “incapacitated” and he told to men by phone: “I want someone to abuse my wife after I’ve put her to sleep without her knowledge.”

The proceedings became a central issue for a larger conversation on sexual violence norms in society as Dogan continued to assert he was innocent and had not committed rape, arguing that because Gisèle Pelicot’s husband had allowed him into the room, his conduct had been justifiable.

The panel in the higher court was presented with video evidence of the victim's unconscious figure, unconscious and snoring in a comatose state, while a smiling Dogan committed rape on several occasions over a period of what authorities reported was 3.5 hours. The presiding judge said she had been at peril of death by choking. The state prosecution said there was no doubt that she had been unaware and had not given permission.

Accused's Testimony

Dogan told the court the videos were simply “sexual encounters” and rejected it was violation. He said what he did was “a consensual activity”, not assault. He told the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had invited him to the house, and therefore it was permissible. He said he was manipulated by the husband. “I wanted to stop,” Dogan told the court. “I proceeded because he reassured me.”

Inquired if he wanted to make a final statement to the court, the defendant said: “I never wanted to hurt that woman.”

Survivor's Statement

The victim, who was supported upon departing the trial each day by supporters present to back her, told the defendant in court: “You do not grasp. When are you going to recognise you assaulted me? It is unlawful to rape an unconscious woman. How could I have give you agreement? At no time.”

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

State's Argument

Sie, addressing the victim in court, said the defendant's refusal to take blame showed that: “The shame remains. Society is possibly in the course of that, perhaps motivated by the societal understanding spurred by the revelation of your situation.”

The prosecutor said Dogan’s claims of non-guilt showed how societal tolerance was still prevalent in society as part of “old-fashioned” forms of “male domination”. He said: “We need to change the culture of violence to a ethos of permission.”

Sie addressed Dogan: “As long as you reject it, it’s not just a woman, it’s an whole unpleasant societal structure that you are upholding.”

Biographical Details

Dogan was originated from the country of Turkey and at the age of 5 came to France, where his parent worked as a building manager. The evidence indicated that his parent was violent and that Dogan began smoking cannabis at the age of 10. When Dogan was seventeen he was caught by authorities for dealing drugs and his father forced him to leave the family house. He was incarcerated in prison for narcotics offenses in his early 20s and had worked as a construction worker but had undergone periods of homelessness.

He was married and had a son with Down’s syndrome, who he was the main caregiver for, as his spouse worked in a school canteen. The testimony revealed his wife did not know he had frequent sexual encounters outside their marriage. His legal team said this was his way of coping with his stressful life. The defendant had informed a evaluator that annually he looked for paid sex on his birthday. His lawyers told the court he had a medical condition triggered by the anxiety of the first trial.