French Appeal Tribunal Uphighers Prison Term for Gisèle Pelicot Rapist

A defendant was convicted on appeal of sexually assaulting Gisele Pelicot after she was sedated by her spouse – and received his jail term extended to a decade.

Higher Court Case

Husamettin Dogan, forty-four, an unemployed builder, who had contested his initial guilty verdict last year, underwent a appeal hearing this week at the appeals court in Nîmes.

A jury of four women and five men, joined by three judges, convicted Dogan on Thursday of sexually assaulting the victim in her home in the south of France in the morning of June 29, 2019.

The court heard that the accused, a married father, connected with the victim's then husband, the husband, in an digital platform titled “without her knowledge”, where Pelicot was recruiting men to enter his residence to rape his wife once he had drugged her into a comatose state.

We expect the panel will say loud and clear that in this society, human rights are also women’s rights – that agreement is personal, not transferred,” declared Gisèle Pelicot’s attorney, her legal representative. “Consent is secured directly and not through someone else from a spouse.”

Case History

The husband, one of the worst sexual predators in France's contemporary records, was given a prison term to twenty years in prison last year for drugging his then wife and soliciting dozens of men to rape her in her home in the Provence village of the village of Mazan over a duration of nearly ten years of their union.

Numerous other individuals were found convicted in a widely publicized trial last year, and Dogan was the sole individual to contest his sentence. He was first sentenced to 9 years in prison, a punishment raised on Thursday to ten years.

The lead state prosecutor, the prosecutor, had contended he should serve twelve years, because he “stubbornly rejects to take any responsibility”.

Courtroom Details

The defendant had first sent Dominique Pelicot sexually explicit photos and then driven an hour from his village in Provence to rape the victim, after informing his wife he was leaving, the evidence indicated.

Pelicot, who was transported from solitary confinement in prison to briefly testify at the hearing, informed the court that the accused had understood his wife had been “sedated” and he said to men by phone: “I want someone to abuse my wife after I’ve sedated her unbeknownst to her.”

The trial became a focus point for a wider discussion on societal attitudes in society as Dogan continued to claim he was blameless and had not committed rape, contending that because Gisèle Pelicot’s husband had allowed him into the room, his conduct had been justifiable.

The panel in the Nîmes appeals court was shown visual proof of the victim's unconscious figure, comatose and breathing heavily in a unconscious condition, while a smiling the perpetrator engaged in violation repeatedly over a timeframe of what authorities reported was several hours. The court official said she had been at peril of fatal outcome by asphyxiation. The state's case said there was no question that she had been incapacitated and had not agreed.

Accused's Testimony

Dogan told the court the videos were simply “sexual encounters” and disputed it was assault. He said what he did was “a consensual activity”, not rape. He stated the court: “I did not commit rape.” He said the victim's husband had invited him to the house, and therefore it was permissible. He said he was manipulated by Dominique Pelicot. “I tried to halt,” the accused told the court. “I continued because he convinced me.”

Inquired if he wanted to make a final statement to the court, the defendant said: “I had no desire to harm that individual.”

Victim's Response

The survivor, who was cheered upon departing the trial each day by supporters gathered to stand with her, addressed Dogan in court: “You haven’t understood. When will you admit you violated me? It’s a crime to rape an unconscious woman. When did I ever give you consent? At no time.”

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

Prosecutor's Remarks

The prosecutor, addressing Gisèle Pelicot in court, said the defendant's refusal to take accountability showed that: “The shame remains. The public is possibly in the course of that, perhaps motivated by the societal understanding spurred by the exposure of your situation.”

Sie said the defendant's claims of non-guilt showed how rape culture was still prevalent in society as part of “old-fashioned” forms of “gender-based power”. He said: “We need to change the culture of violence to a ethos of permission.”

The prosecutor told the defendant: “As long as you refuse to admit it, it’s not just a person, it’s an complete unpleasant social system that you are supporting.”

Defendant's Background

Dogan was originated from Turkey and at the age of 5 relocated to France, where his parent worked as a building manager. The testimony revealed that his father was aggressive and that the defendant began smoking cannabis at the age of 10. When he was seventeen he was stopped by police for dealing drugs and his father evicted him of home. He served time in prison for trafficking in his early 20s and had worked as a laborer but had undergone periods of living on the streets.

He was wed and had a son with special needs, who he was the main caregiver for, as his wife worked in a institution's dining hall. The testimony revealed his spouse did not know he had frequent sexual encounters beyond their union. His defence said this was his method of dealing with his stressful life. Dogan had informed a court psychologist that once a year he engaged in paid sex on his birthday. His attorneys informed the court he had joint inflammation resulting from the anxiety of the initial proceedings.