France's Higher Court Uphighers Prison Term for Gisèle Pelicot Rapist

A man was declared guilty on appeal of sexually assaulting Gisèle Pelicot following she was drugged unconscious by her husband – and has had his incarceration period extended to 10 years.

Higher Court Case

Husamettin Dogan, forty-four, an out-of-work construction worker, who had contested his initial guilty verdict last year, experienced a appeal hearing this week at the appeals court in Nîmes.

A jury of four women and five men, sitting with three judges, found Dogan guilty on Thursday of raping the victim in her bedroom in Provence in the early hours of June 29, 2019.

The evidence showed that the accused, a married father, connected with Gisèle Pelicot’s spouse, Dominique Pelicot, in an digital platform titled “unbeknownst to her”, where the husband was seeking men to visit his house to assault his wife once he had rendered her unconscious into a deep sleep.

“We hope the jury will declare that in this society, human rights are also women’s rights – that agreement is personal, not transferred,” declared the victim's lawyer, Antoine Camus. “Agreement is secured personally and not by proxy from a husband.”

Background

The ex-husband, one of the worst sex offenders in modern French history, was sentenced to two decades in prison last year for incapacitating his spouse and soliciting dozens of men to sexually assault her in her home in the community of Mazan over a duration of almost a decade of their union.

Dozens of additional defendants were found culpable in a widely publicized trial last year, and the appellant was the single defendant to challenge his verdict. He was originally sentenced to nine years in prison, a penalty raised on Thursday to a decade.

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

Courtroom Details

Dogan had first sent the husband graphic images and then driven an hour from his residence in the region to rape the victim, after informing his wife he was leaving, the court heard.

Pelicot, who was transported from segregation in prison to temporarily provide testimony at the retrial, stated to the court that the accused had understood his wife had been “drugged” and he said to men by phone: “I’m looking for someone to assault my wife after I’ve sedated her without her knowledge.”

The proceedings became a focus point for a broader debate on rape culture in society as Dogan continued to say he was blameless and had not engaged in violation, contending that because the victim's husband had invited him into the bedroom, his actions had been justifiable.

The panel in the Nîmes appeals court was displayed visual proof of the victim's unconscious figure, sedated and breathing heavily in a unconscious condition, while a smiling the perpetrator performed assault on several occasions over a timeframe of what authorities reported was 3.5 hours. The judge said she had been at danger of death by asphyxiation. The state's case said there was no doubt that she had been unconscious and had not given permission.

Accused's Testimony

Dogan told the court the recordings were simply “sexual encounters” and disputed it was assault. He said what he did was “a consensual activity”, not rape. He told 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 manipulated by the husband. “I attempted to cease,” Dogan informed the court. “I continued because he reassured me.”

Questioned if he wanted to make a last words to the court, Dogan said: “I never wanted to injure that woman.”

Victim's Response

The survivor, who was applauded upon leaving court each day by crowds gathered to support her, told Dogan in court: “You haven’t understood. When will you admit you assaulted me? It is illegal to assault an unconscious woman. How could I have give you permission? At no time.”

The victim, seventy-two, became an symbol of resistance after she waived her right to privacy in the trial last year when she said: “Shame must change sides.”

State's Argument

Sie, addressing the victim in court, said the defendant's failure to take blame showed that: “The shame remains. Society is maybe in the process of that, maybe propelled by the collective awareness resulting from the revelation of your case.”

The prosecutor said the defendant's claims of non-guilt showed how rape culture was still widespread in society as part of “old-fashioned” forms of “patriarchal control”. He said: “Now we must change rape culture to a society based on agreement.”

Sie addressed the defendant: “As long as you deny it, it’s not just a woman, it’s an complete sordid cultural framework that you are endorsing.”

Personal History

Dogan was originated from Turkey and at the age of five moved to France, where his parent worked as a building manager. The court heard that his parent was abusive and that the defendant began smoking cannabis aged ten. When Dogan was seventeen he was caught by authorities for drug trafficking and his father forced him to leave the family house. He was incarcerated in prison for trafficking in his young adulthood and had worked as a construction worker but had experienced periods of being unhoused.

He was married and had a child with a genetic condition, 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 intimate relations beyond their marriage. His defence said this was his strategy for managing with his challenging existence. The defendant had stated to a court psychologist that each year he looked for commercial sex on his birthday. His legal representatives told the court he had a medical condition caused by the pressure of the initial proceedings.