France's Higher Tribunal Uphighers Prison Term for Gisèle Pelicot Assailant

A man was declared guilty on appeal of raping Gisele Pelicot after she was rendered comatose by her spouse – and was given his prison sentence increased to ten years.

Retrial Proceedings

Husamettin Dogan, forty-four, an out-of-work construction worker, who had contested his first conviction last year, faced a appeal hearing this week at the higher court in Nîmes.

A jury of nine jurors, sitting with three judges, found Dogan guilty on Thursday of sexually assaulting Pelicot in her home in Provence in the morning of 29 June 2019.

The evidence showed that Dogan, a family man, connected with Gisèle Pelicot’s spouse, the husband, in an online chatroom titled “without her consent”, where the husband was looking for men to enter his residence to rape his wife after he had sedated her into a comatose state.

“We hope the panel will say loud and clear that in this society, human rights are also women’s rights – that agreement is individual, not transferred,” said Gisèle Pelicot’s lawyer, Antoine Camus. “Consent is received directly and not by proxy from a spouse.”

Case History

The husband, among the most severe sexual predators in France's contemporary records, was sentenced to two decades in prison last year for incapacitating his then wife and soliciting dozens of men to sexually assault her in her home in the town of the village of Mazan over a duration of many years of their union.

Numerous other individuals were found culpable in a high-profile trial last year, and the appellant was the single defendant to appeal against his conviction. He was initially given a sentence to 9 years in prison, a sentence raised on Thursday to 10 years.

The state's attorney, the prosecutor, had stated he should serve 12 years, because he “completely denies to take any responsibility”.

Evidence Presented

Dogan had initially sent the husband sexually explicit photos and then traveled an hour from his residence in the region to assault the victim, after notifying his wife he was leaving, the testimony revealed.

The ex-husband, who was transported from segregation in prison to briefly give evidence at the appeal trial, stated to the court that Dogan had known his wife had been “sedated” and he said to men by phone: “I’m looking for someone to violate my wife after I’ve sedated her without her consent.”

The courtroom became a key topic for a broader debate on rape culture in society as Dogan continued to assert he was blameless and had not committed rape, arguing that because the victim's husband had welcomed him into the room, his conduct had been permissible.

The jury in the higher court was displayed visual proof of the victim's unresponsive form, comatose and breathing heavily in a comatose state, while a grinning Dogan engaged in violation on several occasions over a period of what police said was 3.5 hours. The presiding judge said she had been at peril of fatal outcome by choking. The prosecution said there was absolute certainty that she had been unaware and had not consented.

Accused's Testimony

Dogan stated to the court the recordings were simply “intimate moments” and denied it was violation. He said what he did was “a sexual act”, not assault. He told the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had invited him to the home, and therefore it was acceptable. He said he was deceived by Dominique Pelicot. “I tried to halt,” Dogan informed the court. “I carried on because he persuaded me.”

Asked if he wanted to make a final statement to the court, Dogan said: “I had no desire to injure that woman.”

Victim's Response

The victim, who was applauded upon exiting the courtroom each day by supporters assembled to support her, said to Dogan in court: “You fail to comprehend. When will you acknowledge you assaulted me? It is unlawful to assault an unconscious woman. When did I ever give you permission? At no time.”

Gisèle Pelicot, seventy-two, became an symbol of resistance after she gave up her right to anonymity in the trial last year when she said: “Guilt ought to transfer.”

Legal Commentary

The prosecutor, turning to the victim in court, said Dogan’s unwillingness to take blame showed that: “Shame has not yet changed sides. The public is perhaps in the process of that, maybe driven by the public consciousness resulting from the exposure of your ordeal.”

The prosecutor said the defendant's claims of non-guilt showed how rape culture was still prevalent in society as part of “outdated” forms of “male domination”. He said: “It is imperative to change rape culture to a ethos of permission.”

Sie said to the defendant: “While you reject it, it’s not just a woman, it’s an whole disturbing societal structure that you are endorsing.”

Defendant's Background

Dogan was originated from the country of Turkey and at the age of five came to France, where his parent worked as a concierge. The evidence indicated that his father was violent and that the defendant began using drugs aged ten. When Dogan was 17 he was stopped by authorities for dealing drugs and his father evicted him of home. He spent time in prison for narcotics offenses in his young adulthood and had worked as a builder but had undergone periods of living on the streets.

He was married and had a child with Down’s syndrome, who he was the principal carer for, as his spouse worked in a institution's dining hall. The court heard his spouse did not know he had repeated intimate relations beyond their union. His defence said this was his strategy for managing with his stressful life. The defendant had told a court psychologist that annually he engaged in paid sex on his birthday. His attorneys stated to the court he had a medical condition caused by the stress of the initial proceedings.