France's Appeal Tribunal Increases Jail Time for Gisèle Pelicot Rapist

A man was convicted on higher court review of raping Gisèle Pelicot after she was rendered comatose by her spouse – and was given his incarceration period extended to 10 years.

Higher Court Case

Husamettin Dogan, 44, an unemployed builder, who had appealed his first conviction last year, experienced a new trial this week at the Nîmes court of appeal.

A panel of four women and five men, joined by three judges, found Dogan guilty on Thursday of sexually assaulting Pelicot in her residence in the south of France in the morning of June 29, 2019.

The court heard that Dogan, a family man, connected with the victim's spouse, the husband, in an online chatroom named “unbeknownst to her”, where Pelicot was seeking men to enter his residence to rape his wife once he had drugged her into a comatose state.

We expect the jury will affirm that in this country, fundamental rights are also rights of women – that consent is individual, not transferred,” stated Gisèle Pelicot’s attorney, her legal representative. “Agreement is obtained directly and not through someone else from a husband.”

Background

Dominique Pelicot, a notorious sexual predators in modern French history, was sentenced to two decades in prison last year for incapacitating his wife at the time and inviting multiple perpetrators to sexually assault her in her home in the Provence village of the village of Mazan over a span of almost a decade of their union.

Fifty other men were found guilty in a widely publicized trial last year, and the appellant was the single defendant to challenge his conviction. He was originally sentenced to 9 years in prison, a penalty raised on Thursday to ten years.

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

Courtroom Details

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

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

The trial became a central issue for a larger conversation on rape culture in society as the defendant continued to claim he was blameless and had not engaged in violation, arguing that because the victim's husband had invited him into the residence, his behavior had been acceptable.

The panel in the Nîmes appeals court was presented with recorded footage of the victim's unconscious figure, comatose and breathing heavily in a deep sleep, while a grinning Dogan committed rape on several occasions over a period of what police said was three and a half hours. The presiding judge said she had been at danger of death by suffocation. The state prosecution said there was no doubt that she had been unaware and had not agreed.

Accused's Testimony

Dogan stated to the court the recordings 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 did not commit rape.” He said the victim's husband had allowed him to the home, and therefore it was acceptable. He said he was deceived by the husband. “I tried to halt,” Dogan stated to the court. “I continued because he persuaded me.”

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

Victim's Response

The survivor, who was supported upon exiting the courtroom each day by onlookers assembled to support her, told Dogan in court: “You fail to comprehend. When will you admit you raped me? It is unlawful to assault an unconscious woman. How could I have give you agreement? Never.”

Gisèle Pelicot, seventy-two, became an international feminist hero after she waived her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”

State's Argument

Sie, speaking to the victim in court, said Dogan’s unwillingness to take accountability showed that: “The shame remains. The community is perhaps in the process of that, maybe propelled by the public consciousness resulting from the exposure of your situation.”

Sie said Dogan’s claims of non-guilt showed how societal tolerance was still widespread in society as part of “outdated” forms of “male domination”. He said: “We need to change the culture of violence to a ethos of permission.”

The prosecutor addressed Dogan: “While you deny it, it’s not just a individual, it’s an complete sordid societal structure that you are endorsing.”

Personal History

Dogan was originated from Turkey and at the age of 5 moved to the nation of France, where his parent worked as a concierge. The testimony revealed that his parent was aggressive and that the defendant began smoking cannabis aged ten. When he was 17 he was apprehended by police for selling narcotics and his father evicted him the residence. He spent time in prison for trafficking in his young adulthood and had worked as a laborer but had undergone periods of homelessness.

He was married and had a child with a genetic condition, who he was the main caregiver for, as his spouse worked in a school canteen. The testimony revealed his wife 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. Dogan had stated to a evaluator that each year he engaged in commercial sex on his special day. His lawyers informed the court he had arthritis caused by the anxiety of the first trial.