France's Appeal Tribunal Raises Sentence for Gisèle Pelicot Assailant

A man has been found guilty on higher court review of raping Gisèle Pelicot following she was sedated by her then-husband – and was given his incarceration period raised to 10 years.

Retrial Proceedings

Husamettin Dogan, forty-four, an out-of-work construction worker, who had challenged his first conviction 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, 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 Dogan, a family man, made contact with Gisèle Pelicot’s spouse, Dominique Pelicot, in an online chatroom called “without her knowledge”, where Pelicot was looking for men to visit his house to assault his wife once he had rendered her unconscious into a unconscious state.

We trust the panel will say loud and clear that in this society, fundamental rights are also rights of women – that consent is individual, not given by another,” said the victim's attorney, her legal representative. “Agreement is obtained directly and not via a representative from a husband.”

Context

The husband, among the most severe sex offenders in modern French history, was handed a sentence to 20 years in prison last year for incapacitating his then wife and inviting dozens of men to sexually assault her in her home in the town 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 the appellant was the sole individual to contest his sentence. He was initially sentenced to nine years in prison, a penalty increased on Thursday to a decade.

The state's attorney, Dominique Sie, had contended he should serve twelve years, because he “stubbornly rejects to take any accountability”.

Courtroom Details

The defendant had initially sent Dominique Pelicot inappropriate pictures and then driven an hour from his town in the region to rape Gisèle Pelicot, after telling his wife he was leaving, the evidence indicated.

The ex-husband, who was transported from isolation in prison to briefly testify at the hearing, stated to the court that Dogan had been aware his wife had been “incapacitated” and he told to men by phone: “I want someone to assault my wife after I’ve put her to sleep without her knowledge.”

The trial became a central issue for a wider discussion on societal attitudes in society as Dogan continued to claim he was blameless and had not engaged in violation, stating that because Gisèle Pelicot’s husband had allowed him into the room, his behavior had been acceptable.

The panel in the higher court was shown video evidence of Gisèle Pelicot’s unconscious figure, unconscious and snoring in a deep sleep, while a grinning Dogan engaged in violation on several occasions over a duration of what police said was 3.5 hours. The presiding judge said she had been at risk of death by suffocation. The state prosecution said there was absolute certainty that she had been unaware and had not consented.

Dogan's Claims

The defendant informed the court the footage were simply “sex scenes” and rejected it was rape. He said what he did was “a sexual act”, not assault. He declared the court: “I am innocent of assault.” He said the victim's husband had invited him to the residence, and therefore it was OK. He said he was manipulated by Dominique Pelicot. “I tried to halt,” the accused informed the court. “I carried on because he reassured me.”

Asked if he wanted to make a last words to the court, Dogan said: “I did not intend to harm that woman.”

Victim's Response

The survivor, who was applauded upon exiting the courtroom each day by crowds present to back her, said to Dogan in court: “You fail to comprehend. When will you admit you violated me? It is illegal to rape an incapacitated woman. How could I have give you agreement? Never.”

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

Prosecutor's Remarks

Sie, speaking to the victim in court, said Dogan’s refusal to take accountability showed that: “Guilt has not shifted. Society is maybe in the process of that, maybe motivated by the societal understanding brought by the revelation of your ordeal.”

The prosecutor said Dogan’s claims of non-guilt showed how normalized violence was still prevalent in society as part of “archaic” forms of “patriarchal control”. He said: “It is imperative to change the culture of violence to a ethos of permission.”

Sie told the defendant: “While you reject it, it’s not just a individual, it’s an complete unpleasant societal structure that you are supporting.”

Biographical Details

Dogan was originated from the country of Turkey and at the age of 5 came to the nation of France, where his parent worked as a building manager. The court heard that his father was aggressive and that Dogan began using drugs at the age of ten. When Dogan was 17 he was apprehended by police for drug trafficking and his father kicked him out the family house. He spent time in prison for drug dealing in his early 20s and had worked as a builder but had undergone periods of homelessness.

He was wed and had a son with Down’s syndrome, who he was the main caregiver for, as his spouse worked in a educational cafeteria. The court heard his wife did not know he had regular extramarital activities outside their marriage. His legal team said this was his way of coping with his stressful life. The defendant had stated to a mental health expert that once a year he looked for commercial sex on his birthday. His attorneys stated to the court he had arthritis resulting from the stress of the first trial.