France's Higher Tribunal Raises Jail Time for Gisele Pelicot Rapist

A man was convicted on higher court review of sexually assaulting Gisèle Pelicot following she was rendered comatose by her husband – and has had his prison sentence increased to ten years.

Higher Court Case

Husamettin Dogan, 44, an out-of-work construction worker, who had challenged his initial guilty verdict last year, faced a retrial this week at the higher court in Nîmes.

A jury of five men and four women, sitting with three judges, convicted Dogan on Thursday of raping the victim in her home in the south of France in the morning of June 29, 2019.

The testimony revealed that the accused, a married father, made contact with the victim's husband at the time, the husband, in an online chatroom called “without her consent”, where Pelicot was recruiting men to visit his house to rape his wife once he had rendered her unconscious into a deep sleep.

We trust the jury will affirm that in this nation, human rights are also rights of women – that consent is individual, not given by another,” said Gisèle Pelicot’s lawyer, her legal representative. “Permission is received directly and not through someone else from a spouse.”

Case History

The ex-husband, one of the worst sex offenders in France's contemporary records, was given a prison term to twenty years in prison last year for drugging his spouse and bringing in multiple perpetrators to sexually assault her in her home in the community of Mazan over a duration of nearly ten years of their marriage.

Dozens of additional defendants were found culpable in a notable trial last year, and the appellant was the sole individual to contest his sentence. He was originally handed a term to 9 years in prison, a punishment enhanced on Thursday to 10 years.

The state's attorney, the prosecutor, had contended he should serve twelve years, because he “stubbornly rejects to take any responsibility”.

Courtroom Details

Dogan had initially sent Dominique Pelicot graphic images and then driven an hour from his village in the region to rape the victim, after informing his wife he was stepping out, the evidence indicated.

The ex-husband, who was brought from segregation in prison to temporarily give evidence at the retrial, told the court that Dogan had been aware his wife had been “sedated” and he said to men by phone: “I want someone to assault my wife after I’ve put her to sleep unbeknownst to her.”

The proceedings became a central issue for a broader debate on sexual violence norms in society as Dogan continued to claim he was not guilty and had not engaged in violation, contending that because Gisèle Pelicot’s husband had welcomed him into the room, his behavior had been justifiable.

The panel in the higher court was presented with recorded footage of the victim's limp body, comatose and snoring in a unconscious condition, while a smiling the perpetrator performed assault on several occasions over a duration of what authorities reported was 3.5 hours. The court official said she had been at peril of death by asphyxiation. The state prosecution said there was absolute certainty that she had been unconscious and had not consented.

Defendant's Statements

Dogan stated to the court the recordings were simply “sex scenes” and rejected it was violation. He said what he did was “an intimate behavior”, not rape. He declared the court: “I never raped.” He said the victim'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 informed the court. “I carried on because he reassured me.”

Questioned if he wanted to make a closing remarks to the court, the defendant said: “I never wanted to harm that individual.”

Victim's Response

The survivor, who was applauded upon exiting the courtroom each day by supporters present to back her, addressed Dogan in court: “You do not grasp. When will you admit you raped me? It’s a crime to assault an unconscious woman. When did I ever give you permission? Not once.”

Gisèle Pelicot, seventy-two, became an international feminist hero after she relinquished her right to confidentiality in the trial last year when she said: “The shame should shift.”

Prosecutor's Remarks

The prosecutor, turning to Gisèle Pelicot in court, said Dogan’s failure to take blame showed that: “Shame has not yet changed sides. The public is maybe in the process of that, maybe driven by the collective awareness resulting from the revelation of your situation.”

The prosecutor said Dogan’s claims of non-guilt showed how rape culture was still common in society as part of “old-fashioned” forms of “patriarchal control”. He said: “It is imperative to change rape culture to a culture of consent.”

The prosecutor said to the defendant: “While you refuse to admit it, it’s not just a woman, it’s an entire disturbing social system that you are supporting.”

Personal History

The accused was born in the country of Turkey and at the age of 5 came to the nation of France, where his father worked as a building manager. The testimony revealed that his father was abusive and that the defendant began using drugs at the age of 10. When he was seventeen he was apprehended by authorities for dealing drugs and his father evicted him the residence. He spent time in prison for trafficking in his young adulthood and had worked as a builder but had experienced periods of being unhoused.

He was married and had a son with special needs, who he was the main caregiver for, as his spouse worked in a educational cafeteria. The evidence showed his spouse did not know he had repeated extramarital activities beyond their marriage. His defence said this was his method of dealing with his stressful life. Dogan had told a court psychologist that once a year he sought commercial sex on his special day. His attorneys stated to the court he had a medical condition caused by the anxiety of the first trial.