French Appeal Tribunal Increases Prison Term for Gisele Pelicot Rapist

An individual has been found guilty on appeal of sexually assaulting Gisèle Pelicot following she was drugged unconscious by her spouse – and has had his jail term raised to ten years.

Appeal Trial

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

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

The testimony revealed that Dogan, a married father, reached out to Gisèle Pelicot’s spouse, the husband, in an online chatroom titled “without her knowledge”, where the husband was looking for men to visit his house to rape his wife once he had rendered her unconscious into a deep sleep.

We trust the court will say loud and clear that in this society, fundamental rights are also rights of women – that consent is individual, not given by another,” stated the victim's attorney, her legal representative. “Consent is secured personally and not via a representative from a spouse.”

Case History

Dominique Pelicot, one of the worst sex offenders in modern French history, was sentenced to twenty years in prison last year for drugging his spouse and bringing in dozens of men to rape her in her home in the town of the village of Mazan over a span of almost a decade of their marriage.

Dozens of additional defendants were found convicted in a high-profile trial last year, and Dogan was the single defendant to contest his verdict. He was initially given a sentence to 9 years in prison, a punishment raised on Thursday to ten years.

The chief prosecutor, the prosecutor, had stated he should serve 12 years, because he “completely denies to take any accountability”.

Courtroom Details

Dogan had first sent Dominique Pelicot inappropriate pictures and then traveled an hour from his village in the region to assault Gisèle Pelicot, after telling his wife he was leaving, the court heard.

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

The courtroom became a central issue for a broader debate on sexual violence norms in society as Dogan continued to say he was not guilty and had not engaged in violation, stating that because the victim's husband had allowed him into the residence, his conduct had been justifiable.

The jury in the Nîmes appeals court was shown visual proof of the victim's limp body, unconscious and snoring in a comatose state, while a grinning Dogan performed assault repeatedly over a period of what police said was several hours. The presiding judge said she had been at risk of fatal outcome by suffocation. The prosecution said there was absolute certainty that she had been unconscious and had not agreed.

Defendant's Statements

The defendant stated to the court the recordings were simply “intimate moments” and rejected it was assault. He said what he did was “a sexual act”, not rape. He told the court: “I never raped.” He said Gisèle Pelicot’s husband had allowed him to the house, and therefore it was OK. He said he was influenced by Dominique Pelicot. “I wanted to stop,” Dogan stated to the court. “I continued because he reassured me.”

Inquired if he wanted to make a final statement to the court, the defendant said: “I never wanted to harm that individual.”

Victim's Response

Gisèle Pelicot, who was cheered upon departing the trial each day by onlookers gathered to back her, said to Dogan in court: “You do not grasp. When will you acknowledge you assaulted me? It is unlawful to assault an unaware woman. How could I have give you consent? Never.”

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

Legal Commentary

Sie, addressing the victim in court, said the defendant's unwillingness to take blame showed that: “Shame has not yet changed sides. The community is possibly in the midst of that, possibly driven by the societal understanding resulting from the exposure of your case.”

Sie said the defendant's claims of innocence showed how societal tolerance was still prevalent in society as part of “old-fashioned” forms of “gender-based power”. He said: “Now we must change the culture of violence to a culture of consent.”

The prosecutor addressed the defendant: “For as much as you refuse to admit it, it’s not just a woman, it’s an whole unpleasant social system that you are supporting.”

Biographical Details

The accused was originated from the country of Turkey and at the age of 5 moved to France, where his father worked as a building manager. The testimony revealed that his father was violent and that the defendant began consuming marijuana aged 10. When he was seventeen he was apprehended by police for dealing drugs and his parent forced him to leave the residence. He spent time in prison for narcotics offenses in his twenties and had worked as a builder but had undergone periods of being unhoused.

He was married and had a son with Down’s syndrome, who he was the main caregiver for, as his wife worked in a educational cafeteria. The court heard his wife did not know he had frequent extramarital activities beyond their union. His legal team said this was his method of dealing with his difficult circumstances. Dogan had informed a court psychologist that annually he engaged in transactional encounters on his special day. His legal representatives stated to the court he had arthritis triggered by the pressure of the original case.