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

An individual was convicted on higher court review of raping Gisele Pelicot after she was rendered comatose by her spouse – and was given his prison sentence increased to ten years.

Appeal Trial

Husamettin Dogan, 44, an unemployed builder, who had challenged his first conviction last year, faced 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 raping Pelicot in her residence in southern France in the early hours of 29 June 2019.

The evidence showed that Dogan, a family man, made contact with the victim's husband at the time, Dominique Pelicot, in an online chatroom called “unbeknownst to her”, where Pelicot was recruiting men to come to his home to rape his wife once he had drugged her into a unconscious state.

We expect the panel will declare that in this country, fundamental rights are also rights of women – that consent is personal, not delegated,” said Gisèle Pelicot’s lawyer, Antoine Camus. “Agreement is secured directly and not through someone else from a spouse.”

Case History

The husband, one of the worst sexual predators in recent French history, was handed a sentence to two decades in prison last year for drugging his wife at the time and soliciting multiple perpetrators to rape her in her home in the community of Mazan over a period of many years of their marriage.

Fifty other men were found convicted in a high-profile trial last year, and Dogan was the sole individual to contest his sentence. He was first sentenced to 9 years in prison, a penalty enhanced on Thursday to 10 years.

The lead state prosecutor, Dominique Sie, had stated he should serve twelve years, because he “absolutely refuses to take any responsibility”.

Testimony and Proof

Dogan had initially sent Dominique Pelicot inappropriate pictures and then traveled an hour from his town in Provence to assault Gisèle Pelicot, after informing his wife he was going out, the court heard.

Pelicot, who was brought from segregation in prison to temporarily provide testimony at the retrial, stated to the court that Dogan had understood his wife had been “sedated” and he communicated to men by phone: “I’m looking for someone to violate my wife after I’ve sedated her unbeknownst to her.”

The proceedings became a central issue for a wider discussion on societal attitudes in society as Dogan continued to assert he was blameless and had not committed rape, contending that because Gisèle Pelicot’s husband had allowed him into the room, his actions had been permissible.

The panel in the Nîmes appeals court was presented with visual proof of Gisèle Pelicot’s unconscious figure, sedated and breathing heavily in a comatose state, while a grinning Dogan committed rape multiple times over a period of what police said was 3.5 hours. The presiding judge said she had been at risk of death by choking. The state's case said there was no doubt that she had been unconscious and had not given permission.

Dogan's Claims

Dogan stated to the court the footage were simply “sex scenes” and rejected it was rape. He said what he did was “a consensual activity”, not assault. He stated the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had brought him to the home, and therefore it was permissible. He said he was manipulated by Dominique Pelicot. “I attempted to cease,” the accused stated to the court. “I carried on because he reassured me.”

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

Victim's Response

Gisèle Pelicot, who was supported upon departing the trial each day by supporters gathered to stand with her, addressed the defendant in court: “You do not grasp. When are you going to recognise you raped me? It’s a crime to rape an incapacitated woman. How could I have give you consent? Not once.”

The victim, 72, became an symbol of resistance after she gave up her right to privacy in the trial last year when she said: “Guilt ought to transfer.”

Legal Commentary

The prosecutor, speaking to the victim in court, said Dogan’s unwillingness to take accountability showed that: “Guilt has not shifted. The public is perhaps in the midst of that, possibly motivated by the public consciousness resulting from the publication of your ordeal.”

The prosecutor said the defendant's claims of blamelessness showed how societal tolerance was still widespread in society as part of “outdated” forms of “male domination”. He said: “We need to change rape culture to a ethos of permission.”

Sie addressed Dogan: “As long as you reject it, it’s not just a person, it’s an complete sordid cultural framework that you are endorsing.”

Biographical Details

The accused was originated from the country of Turkey and at the age of 5 moved to the nation of France, where his parent worked as a concierge. The evidence indicated that his parent was violent and that the defendant began consuming marijuana at the age of 10. When Dogan was 17 he was apprehended by authorities for drug trafficking and his father kicked him out the family house. He served time in prison for drug dealing in his young adulthood and had worked as a builder but had experienced periods of living on the streets.

He was wed and had a son with Down’s syndrome, who he was the primary guardian for, as his wife worked in a institution's dining hall. The testimony revealed his wife did not know he had regular extramarital activities beyond their union. His defence said this was his way of coping with his difficult circumstances. The defendant had informed a evaluator that once a year he looked for commercial sex on his birthday. His legal representatives informed the court he had a medical condition resulting from the stress of the initial proceedings.