French Appeal Court Raises Sentence for Gisèle Pelicot Perpetrator

A man has been found guilty on higher court review of sexually assaulting Gisèle Pelicot following she was sedated by her husband – and has had his incarceration period raised to ten years.

Higher Court Case

Husamettin Dogan, forty-four, an out-of-work construction worker, who had challenged his first conviction last year, faced a new trial this week at the Nîmes court of appeal.

A jury of five men and four women, sitting with three judges, convicted Dogan on Thursday of sexually assaulting the victim in her bedroom in the south of France in the early hours of June 29, 2019.

The testimony revealed that Dogan, a married father, reached out to the victim's then husband, the husband, in an internet forum called “without her knowledge”, where the husband was looking for men to visit his house to rape his wife after he had rendered her unconscious into a comatose state.

We expect the court will say loud and clear that in this society, fundamental rights are also rights of women – that consent is individual, not delegated,” declared the victim's lawyer, Antoine Camus. “Consent is received directly and not by proxy from a spouse.”

Case History

The ex-husband, a notorious sex offenders in recent French history, was sentenced to two decades in prison last year for sedating his spouse and soliciting numerous individuals to sexually assault her in her home in the Provence village of the village of Mazan over a period of many years of their union.

Dozens of additional defendants were found culpable in a high-profile trial last year, and Dogan was the single defendant to appeal against his conviction. He was initially sentenced to 9 years in prison, a penalty enhanced on Thursday to a decade.

The chief prosecutor, Dominique Sie, had stated he should serve 12 years, because he “stubbornly rejects to take any accountability”.

Courtroom Details

Dogan had initially sent Dominique Pelicot sexually explicit photos and then driven an hour from his village in the region to rape Gisèle Pelicot, after informing his wife he was stepping out, the court heard.

Pelicot, who was brought from isolation in prison to temporarily testify at the appeal trial, informed 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 without her knowledge.”

The courtroom became a focus point for a wider discussion on societal attitudes in society as the defendant continued to assert he was not guilty and had not perpetrated assault, 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 displayed visual proof of Gisèle Pelicot’s limp body, comatose and breathing heavily in a unconscious condition, while a grinning the perpetrator engaged in violation repeatedly over a timeframe of what police said was three and a half hours. The presiding judge said she had been at risk of death by suffocation. The state's case said there was absolute certainty that she had been unaware and had not given permission.

Defendant's Statements

The defendant told the court the videos were simply “sex scenes” and disputed it was assault. He said what he did was “a consensual activity”, not assault. He declared the court: “I never raped.” He said the victim's husband had invited him to the home, and therefore it was OK. He said he was influenced by the husband. “I wanted to stop,” Dogan informed the court. “I continued because he convinced me.”

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

Victim's Response

The victim, who was applauded upon departing the trial each day by onlookers gathered to stand with her, told Dogan in court: “You do not grasp. When are you going to recognise you violated me? It’s a crime to assault an unconscious woman. When did I ever give you permission? Never.”

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

Legal Commentary

Sie, addressing Gisèle Pelicot in court, said Dogan’s refusal to take accountability showed that: “Guilt has not shifted. The community is maybe in the process of that, maybe motivated by the societal understanding spurred by the publication of your ordeal.”

Sie said the defendant's claims of innocence showed how normalized violence was still common in society as part of “outdated” forms of “male domination”. He said: “We need to change rape culture to a society based on agreement.”

The prosecutor addressed Dogan: “For as much as you refuse to admit it, it’s not just a person, it’s an whole unpleasant cultural framework that you are upholding.”

Defendant's Background

Dogan was originated from Turkey and at the age of five relocated to France, where his father worked as a caretaker. The testimony revealed that his father was abusive and that the defendant began consuming marijuana aged 10. When he was seventeen he was stopped by police for dealing drugs and his father kicked him out of home. He was incarcerated in prison for narcotics offenses in his young adulthood and had worked as a construction worker but had experienced periods of being unhoused.

He was married and had a child with special needs, who he was the principal carer for, as his spouse worked in a institution's dining hall. The testimony revealed his wife did not know he had repeated sexual encounters outside their marriage. His legal team said this was his method of dealing with his challenging existence. The defendant had stated to a mental health expert that each year he looked for paid sex on his special day. His attorneys informed the court he had a medical condition resulting from the stress of the original case.