France's Higher Tribunal Raises Prison Term for Gisèle Pelicot Rapist

An individual was declared guilty on higher court review of raping Gisèle Pelicot after she was sedated by her husband – and received his prison sentence increased to a decade.

Retrial Proceedings

Husamettin Dogan, 44, an unemployed builder, who had contested his first conviction last year, experienced a new trial this week at the appeals court in Nîmes.

A panel of four women and five men, sitting with three judges, found Dogan guilty on Thursday of raping the victim in her residence in southern France in the early hours of 29 June 2019.

The evidence showed that the accused, a married father, reached out to the victim's husband at the time, Dominique Pelicot, in an online chatroom named “unbeknownst to her”, where the husband was recruiting men to visit his house to rape his wife after he had drugged her into a deep sleep.

“We hope the panel will affirm that in this society, human rights are also women’s rights – that agreement is personal, not transferred,” said the victim's attorney, Antoine Camus. “Consent is secured directly and not via a representative from a husband.”

Context

The ex-husband, a notorious sex offenders in modern French history, was sentenced to twenty years in prison last year for sedating his then wife and inviting numerous individuals to rape her in her home in the community of the village of Mazan over a period of almost a decade of their union.

Numerous other individuals were found culpable in a high-profile trial last year, and Dogan was the sole individual to contest his sentence. He was first sentenced to nine years in prison, a sentence enhanced on Thursday to a decade.

The chief prosecutor, Dominique Sie, had contended he should serve 12 years, because he “completely denies to take any blame”.

Testimony and Proof

Dogan had initially sent Dominique Pelicot inappropriate pictures and then traveled an hour from his town in Provence to assault Gisèle Pelicot, after informing his wife he was leaving, the evidence indicated.

Pelicot, who was brought from isolation in prison to temporarily provide testimony at the appeal trial, told the court that Dogan had understood his wife had been “drugged” and he told to men by phone: “I seek someone to assault my wife after I’ve put her to sleep unbeknownst to her.”

The proceedings became a focus point for a wider discussion on sexual violence norms in society as Dogan continued to assert he was innocent and had not committed rape, contending that because Gisèle Pelicot’s husband had welcomed him into the residence, his actions had been permissible.

The jury in the Nîmes appeals court was shown recorded footage of the victim's unconscious figure, sedated and snoring in a unconscious condition, while a grinning Dogan performed assault multiple times over a duration of what authorities reported was three and a half hours. The court official said she had been at danger of fatal outcome by choking. The state prosecution said there was no question that she had been unaware and had not consented.

Defendant's Statements

Dogan told the court the videos were simply “intimate moments” and disputed it was assault. He said what he did was “a sexual act”, not rape. He told the court: “I never raped.” He said Gisèle Pelicot’s husband had allowed him to the home, and therefore it was permissible. He said he was deceived by the husband. “I tried to halt,” Dogan told the court. “I continued because he reassured me.”

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

Victim's Response

Gisèle Pelicot, who was supported upon leaving court each day by onlookers present to support her, addressed Dogan in court: “You fail to comprehend. When will you admit you violated me? It’s a crime to rape an unconscious woman. At what point did I give you consent? At no time.”

The victim, seventy-two, became an global icon after she relinquished her right to anonymity in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

The prosecutor, turning to Gisèle Pelicot in court, said Dogan’s unwillingness to take accountability showed that: “Guilt has not shifted. The public is maybe in the process of that, possibly propelled by the societal understanding brought by the exposure of your case.”

The prosecutor said Dogan’s claims of blamelessness showed how societal tolerance was still widespread in society as part of “outdated” forms of “patriarchal control”. He said: “We need to change the culture of violence to a culture of consent.”

The prosecutor addressed the defendant: “As long as you deny it, it’s not just a woman, it’s an whole unpleasant cultural framework that you are supporting.”

Personal History

The accused was originated from the country of Turkey and at the age of 5 moved to France, where his parent worked as a caretaker. The evidence indicated that his parent was violent and that the defendant began using drugs at the age of ten. When Dogan was seventeen he was stopped by police for dealing drugs and his parent forced him to leave of home. He spent time in prison for drug dealing in his twenties and had worked as a laborer but had experienced periods of homelessness.

He was married and had a son with special needs, who he was the main caregiver for, as his wife worked in a school canteen. The court heard his wife did not know he had frequent sexual encounters beyond their union. His defence said this was his way of coping with his difficult circumstances. Dogan had stated to a evaluator that each year he looked for transactional encounters on his special day. His lawyers stated to the court he had joint inflammation resulting from the anxiety of the initial proceedings.