France's Higher Court Raises Sentence for Gisele Pelicot Rapist

A man has been found guilty on appeal of raping Gisèle Pelicot after she was drugged unconscious by her spouse – and was given his prison sentence increased to ten years.

Retrial Proceedings

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

A jury of nine jurors, accompanied by three judges, convicted Dogan on Thursday of sexually assaulting Pelicot in her home in Provence in the early hours of 29 June 2019.

The testimony revealed that the accused, a married father, reached out to Gisèle Pelicot’s husband at the time, Dominique Pelicot, in an internet forum titled “unbeknownst to her”, where the husband was recruiting men to come to his home to assault his wife once he had rendered her unconscious into a comatose state.

“We hope the panel will declare that in this country, human rights are also rights of women – that agreement is individual, not delegated,” declared Gisèle Pelicot’s lawyer, her legal representative. “Permission is secured personally and not by proxy from a husband.”

Background

Dominique Pelicot, a notorious sex offenders in modern French history, was sentenced to two decades in prison last year for drugging his spouse and inviting numerous individuals to rape her in her home in the town of Mazan over a period of almost a decade of their marriage.

Fifty other men were found convicted in a notable trial last year, and the appellant was the single defendant to challenge his conviction. He was first handed a term to 9 years in prison, a sentence raised on Thursday to ten years.

The chief prosecutor, Dominique Sie, had argued he should serve twelve years, because he “absolutely refuses to take any responsibility”.

Testimony and Proof

Dogan had first sent Dominique Pelicot sexually explicit photos and then traveled an hour from his residence in Provence to assault the victim, after telling his wife he was leaving, the court heard.

The ex-husband, who was brought from isolation in prison to temporarily testify at the hearing, told the court that the accused had understood his wife had been “incapacitated” and he communicated to men by phone: “I seek someone to violate my wife after I’ve rendered her unconscious unbeknownst to her.”

The courtroom became a focus point for a wider discussion on societal attitudes in society as Dogan continued to assert he was innocent and had not engaged in violation, contending that because Gisèle Pelicot’s husband had welcomed him into the residence, his actions had been justifiable.

The jury in the Nîmes appeals court was shown visual proof of Gisèle Pelicot’s unresponsive form, sedated and snoring in a unconscious condition, while a grinning the perpetrator engaged in violation on several occasions over a duration of what authorities reported was several hours. The court official 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

The defendant told the court the footage were simply “sex scenes” and rejected it was rape. He said what he did was “a sexual act”, not rape. He stated the court: “I am innocent of assault.” He said the victim's husband had brought him to the home, and therefore it was acceptable. He said he was influenced by the husband. “I attempted to cease,” Dogan told the court. “I carried on because he persuaded me.”

Questioned if he wanted to make a closing remarks to the court, the defendant said: “I had no desire to harm that lady.”

Pelicot's Words

The victim, who was applauded upon departing the trial each day by supporters assembled to stand with her, addressed Dogan in court: “You fail to comprehend. When will you admit you violated me? It is unlawful to rape an incapacitated woman. At what point did I give you permission? Not once.”

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

Legal Commentary

The prosecutor, speaking to the victim in court, said Dogan’s refusal to take responsibility showed that: “The shame remains. The public is maybe in the process of that, maybe propelled by the societal understanding resulting from the exposure of your case.”

The prosecutor said the defendant's claims of innocence showed how normalized violence was still prevalent in society as part of “archaic” forms of “male domination”. He said: “We need to change rape culture to a culture of consent.”

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

Defendant's Background

The accused was originated from the country of Turkey and at the age of 5 moved to the nation of France, where his parent worked as a concierge. The evidence indicated that his parent was aggressive and that Dogan began smoking cannabis at the age of ten. When Dogan was 17 he was stopped by police for selling narcotics and his father evicted him the residence. He served time in prison for trafficking in his early 20s and had worked as a builder but had experienced periods of living on the streets.

He was married and had a child with a genetic condition, who he was the principal carer for, as his wife worked in a institution's dining hall. The testimony revealed his wife did not know he had frequent sexual encounters outside their marriage. His defence said this was his strategy for managing with his difficult circumstances. The defendant had told a court psychologist that each year he looked for commercial sex on his special day. His attorneys told the court he had a medical condition triggered by the anxiety of the initial proceedings.