French Higher Court Increases Jail Time for Gisele Pelicot Rapist

A defendant has been found guilty on higher court review of sexually assaulting Gisele Pelicot following she was sedated by her then-husband – and was given his incarceration period raised to a decade.

Appeal Trial

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

A jury of five men and four women, sitting with three judges, ruled against Dogan on Thursday of sexually assaulting the victim in her residence in southern France in the morning of June 29, 2019.

The testimony revealed that the accused, a family man, made contact with Gisèle Pelicot’s then husband, Dominique Pelicot, in an online chatroom titled “without her consent”, where the husband was looking for men to come to his home to rape his wife after he had sedated her into a unconscious state.

“We hope the court will declare that in this nation, fundamental rights are also rights of women – that consent is personal, not delegated,” declared Gisèle Pelicot’s attorney, her legal representative. “Agreement is obtained directly and not by proxy from a husband.”

Case History

The ex-husband, one of the worst sexual predators in recent French history, was handed a sentence to 20 years in prison last year for incapacitating his spouse and soliciting dozens of men to sexually assault her in her home in the Provence village of Mazan over a span of almost a decade of their marriage.

Numerous other individuals were found convicted in a widely publicized trial last year, and the appellant was the single defendant to appeal against his conviction. He was first sentenced to nine years in prison, a penalty enhanced on Thursday to 10 years.

The state's attorney, the prosecutor, had stated he should serve 12 years, because he “stubbornly rejects to take any responsibility”.

Courtroom Details

The defendant had first sent Dominique Pelicot graphic images and then traveled an hour from his town in Provence to assault Gisèle Pelicot, after informing his wife he was going out, the court heard.

The ex-husband, who was transported from isolation in prison to briefly provide testimony at the appeal trial, stated to the court that Dogan had understood his wife had been “drugged” and he told to men by phone: “I want someone to abuse my wife after I’ve rendered her unconscious unbeknownst to her.”

The trial became a key topic for a larger conversation 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 invited him into the bedroom, his conduct had been acceptable.

The jury in the higher court was presented with recorded footage of Gisèle Pelicot’s unconscious figure, sedated and breathing heavily in a unconscious condition, while a smiling Dogan committed rape multiple times over a duration of what police said was 3.5 hours. The court official said she had been at peril of death by choking. The prosecution said there was absolute certainty that she had been incapacitated and had not consented.

Defendant's Statements

The defendant informed the court the videos were simply “intimate moments” and disputed it was rape. He said what he did was “a sexual act”, not rape. He told the court: “I did not commit rape.” He said the victim's husband had allowed him to the house, and therefore it was OK. He said he was manipulated by Dominique Pelicot. “I attempted to cease,” Dogan informed the court. “I continued because he convinced me.”

Asked if he wanted to make a last words to the court, the defendant said: “I never wanted to hurt that lady.”

Victim's Response

The victim, who was cheered upon exiting the courtroom each day by crowds gathered to support her, told the defendant in court: “You do not grasp. When will you admit you assaulted me? It is illegal to rape an unconscious woman. When did I ever give you permission? Never.”

Gisèle Pelicot, seventy-two, became an international feminist hero after she relinquished her right to privacy in the trial last year when she said: “Shame must change sides.”

Legal Commentary

The prosecutor, speaking to the victim in court, said the defendant's refusal to take accountability showed that: “The shame remains. The public is maybe in the course of that, possibly driven by the societal understanding resulting from the exposure of your situation.”

The prosecutor said Dogan’s claims of non-guilt showed how rape culture was still widespread in society as part of “outdated” forms of “patriarchal control”. He said: “We need to change rape culture to a culture of consent.”

The prosecutor addressed the defendant: “While you deny it, it’s not just a individual, it’s an whole unpleasant cultural framework that you are endorsing.”

Biographical Details

Dogan was originated from the country of Turkey and at the age of 5 moved to France, where his parent worked as a caretaker. The court heard that his parent was violent and that the defendant began smoking cannabis aged ten. When Dogan was seventeen he was caught by authorities for drug trafficking and his parent kicked him out the family house. He served time in prison for drug dealing in his twenties and had worked as a builder but had experienced periods of homelessness.

He was married and had a son with special needs, who he was the principal carer for, as his wife worked in a institution's dining hall. The evidence showed his wife did not know he had frequent extramarital activities beyond their union. His legal team said this was his method of dealing with his difficult circumstances. The defendant had told a evaluator that annually he engaged in transactional encounters on his birthday. His attorneys told the court he had arthritis triggered by the anxiety of the first trial.