French Higher Tribunal Increases Jail Time for Gisele Pelicot Perpetrator

A man was declared guilty on retrial of raping Gisèle Pelicot following she was rendered comatose by her then-husband – and received his prison sentence raised to 10 years.

Higher Court Case

Husamettin Dogan, 44, an unemployed builder, who had challenged his initial guilty verdict last year, experienced a retrial this week at the Nîmes court of appeal.

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

The evidence showed that Dogan, a family man, connected with Gisèle Pelicot’s husband at the time, the husband, in an digital platform called “without her consent”, where Pelicot was recruiting men to enter his residence to assault his wife after he had sedated her into a comatose state.

“We hope the jury will affirm that in this society, fundamental rights are also rights of women – that consent is individual, not given by another,” said the victim's attorney, Antoine Camus. “Permission is secured directly and not via a representative from a husband.”

Background

The ex-husband, a notorious sex offenders in modern French history, was sentenced to 20 years in prison last year for drugging his then wife and soliciting multiple perpetrators to sexually assault her in her home in the town of the village of Mazan over a duration of nearly ten years of their marriage.

Dozens of additional defendants were found convicted in a notable trial last year, and Dogan was the only man to contest his verdict. He was first handed a term to 9 years in prison, a penalty increased on Thursday to 10 years.

The state's attorney, Dominique Sie, had contended he should serve twelve years, because he “completely denies to take any responsibility”.

Testimony and Proof

Dogan had initially sent the husband sexually explicit photos and then traveled an hour from his village in Provence to assault Gisèle Pelicot, after telling his wife he was stepping out, the court heard.

The ex-husband, who was transported from solitary confinement in prison to briefly testify at the retrial, told the court that the accused had known his wife had been “sedated” and he told to men by phone: “I’m looking for someone to assault my wife after I’ve rendered her unconscious without her consent.”

The proceedings became a central issue for a larger conversation on societal attitudes in society as the defendant continued to say he was not guilty and had not committed rape, stating that because Gisèle Pelicot’s husband had welcomed him into the residence, his actions had been permissible.

The jury in the higher court was presented with visual proof of the victim's limp body, sedated and breathing heavily in a comatose state, while a smiling Dogan engaged in violation on several occasions over a period of what police said was 3.5 hours. The judge said she had been at risk of death by asphyxiation. The state's case said there was absolute certainty that she had been unaware and had not consented.

Defendant's Statements

Dogan stated to the court the footage were simply “sexual encounters” and denied it was violation. He said what he did was “a sexual act”, not rape. He stated the court: “I never raped.” He said Gisèle Pelicot’s husband had allowed him to the home, and therefore it was acceptable. He said he was influenced by the husband. “I wanted to stop,” Dogan stated to the court. “I proceeded because he persuaded me.”

Questioned if he wanted to make a final statement to the court, the defendant said: “I did not intend to injure that lady.”

Survivor's Statement

Gisèle Pelicot, who was supported upon leaving court each day by crowds present to stand with her, addressed the defendant in court: “You do not grasp. When will you admit you violated me? It’s a crime to rape an unaware woman. How could I have give you permission? Not once.”

Gisèle Pelicot, seventy-two, became an symbol of resistance after she relinquished her right to anonymity in the trial last year when she said: “Shame must change sides.”

Legal Commentary

Sie, turning to Gisèle Pelicot in court, said the defendant's failure to take blame showed that: “Guilt has not shifted. The community is maybe in the course of that, possibly motivated by the societal understanding brought by the revelation of your case.”

The prosecutor said Dogan’s claims of non-guilt showed how rape culture was still common in society as part of “outdated” forms of “gender-based power”. He said: “Now we must change rape culture to a ethos of permission.”

The prosecutor told the defendant: “For as much as you deny it, it’s not just a person, it’s an complete disturbing cultural framework that you are endorsing.”

Biographical Details

The accused was born in the country of Turkey and at the age of 5 moved to France, where his parent worked as a building manager. The testimony revealed that his parent was aggressive and that Dogan began consuming marijuana at the age of 10. When he was 17 he was caught by authorities for selling narcotics and his parent evicted him of home. He spent time in prison for drug dealing in his twenties and had worked as a laborer but had experienced periods of being unhoused.

He was wed and had a son with a genetic condition, who he was the primary guardian for, as his wife worked in a school canteen. The testimony revealed his spouse did not know he had regular intimate relations outside their marriage. His legal team said this was his method of dealing with his stressful life. The defendant had told a mental health expert that once a year he sought paid sex on his birthday. His attorneys informed the court he had a medical condition triggered by the anxiety of the original case.