French Appeal Tribunal Increases Jail Time for Gisèle Pelicot Rapist

An individual has been found guilty on appeal of raping Gisele Pelicot following she was drugged unconscious by her husband – and has had his jail term raised to a decade.

Appeal Trial

Husamettin Dogan, 44, an out-of-work construction worker, who had contested his first conviction last year, experienced a new trial this week at the Nîmes court of appeal.

A jury of four women and five men, joined by three judges, convicted Dogan on Thursday of sexually assaulting Pelicot in her residence in southern France in the early hours of June 29, 2019.

The testimony revealed that the accused, a family man, connected with Gisèle Pelicot’s then husband, Dominique Pelicot, in an internet forum called “without her consent”, where Pelicot was seeking men to come to his home to assault his wife once he had rendered her unconscious into a deep sleep.

We trust the panel will affirm that in this country, fundamental rights are also rights of women – that consent is individual, not given by another,” declared Gisèle Pelicot’s lawyer, Antoine Camus. “Agreement is obtained directly and not through someone else from a spouse.”

Context

The ex-husband, among the most severe sex offenders in modern French history, was given a prison term to 20 years in prison last year for drugging his then wife and bringing in numerous individuals to rape her in her home in the town of Mazan over a period of many years of their union.

Numerous other individuals were found convicted in a widely publicized trial last year, and Dogan was the only man to challenge his conviction. He was initially sentenced to nine years in prison, a penalty increased on Thursday to a decade.

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

Courtroom Details

Dogan had initially sent Dominique Pelicot graphic images and then driven an hour from his residence in the region to assault Gisèle Pelicot, after informing his wife he was leaving, the testimony revealed.

Pelicot, who was transported from segregation in prison to temporarily testify at the retrial, told the court that Dogan had known his wife had been “incapacitated” and he communicated to men by phone: “I seek someone to violate my wife after I’ve sedated her without her knowledge.”

The courtroom became a central issue for a broader debate on societal attitudes in society as Dogan continued to assert he was innocent and had not engaged in violation, arguing that because the victim's husband had invited him into the residence, his conduct had been justifiable.

The jury in the higher court was displayed visual proof of Gisèle Pelicot’s unconscious figure, sedated and breathing heavily in a deep sleep, while a grinning Dogan engaged in violation on several occasions over a duration of what authorities reported was several hours. The judge said she had been at danger of fatal outcome by suffocation. The state's case said there was absolute certainty that she had been unaware and had not consented.

Dogan's Claims

The defendant informed the court the footage were simply “sex scenes” and disputed it was rape. He said what he did was “a sexual act”, not assault. He declared the court: “I am innocent of assault.” He said the victim's husband had allowed him to the residence, and therefore it was permissible. He said he was manipulated by the husband. “I attempted to cease,” the accused stated to the court. “I continued because he convinced me.”

Asked 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 supported upon exiting the courtroom each day by supporters present to support her, addressed the defendant in court: “You fail to comprehend. When will you acknowledge you raped me? It is unlawful to rape an incapacitated woman. When did I ever give you consent? Never.”

Gisèle Pelicot, 72, became an international feminist hero after she gave up her right to anonymity in the trial last year when she said: “Shame must change sides.”

Legal Commentary

Sie, speaking to Gisèle Pelicot in court, said Dogan’s failure to take accountability showed that: “Guilt has not shifted. Society is possibly in the course of that, maybe driven by the public consciousness resulting from the revelation of your situation.”

The prosecutor said Dogan’s claims of innocence showed how societal tolerance was still prevalent in society as part of “archaic” forms of “patriarchal control”. He said: “We need to change rape culture to a society based on agreement.”

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

Personal History

The accused was originated from Turkey and at the age of 5 moved to the nation of France, where his parent worked as a caretaker. The evidence indicated that his parent was violent and that the defendant began consuming marijuana at the age of 10. When he was 17 he was caught by police for dealing drugs and his father evicted him the family house. He was incarcerated in prison for narcotics offenses in his young adulthood and had worked as a construction worker but had faced 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 school canteen. The testimony revealed his spouse did not know he had regular extramarital activities beyond their union. His legal team said this was his way of coping with his stressful life. Dogan had stated to a court psychologist that annually he engaged in paid sex on his special day. His legal representatives told the court he had a medical condition caused by the anxiety of the first trial.