French Higher Court Uphighers Sentence for Gisèle Pelicot Rapist

An individual was declared guilty on appeal of raping Gisele Pelicot after she was sedated by her then-husband – and received his incarceration period extended to 10 years.

Higher Court Case

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

A panel of nine jurors, joined by three judges, found Dogan guilty on Thursday of sexually assaulting the victim in her bedroom in the south of France in the early hours of June 29, 2019.

The court heard that Dogan, a family man, made contact with the victim's husband at the time, Dominique Pelicot, in an internet forum titled “without her consent”, where the husband was recruiting men to enter his residence to rape his wife once he had rendered her unconscious into a deep sleep.

“We hope the jury will affirm that in this country, human rights are also women’s rights – that agreement is personal, not given by another,” stated Gisèle Pelicot’s attorney, Antoine Camus. “Consent is obtained directly and not via a representative from a spouse.”

Background

Dominique Pelicot, a notorious sex offenders in modern French history, was handed a sentence to two decades in prison last year for sedating his then wife and soliciting multiple perpetrators to sexually assault her in her home in the Provence village of the village of Mazan over a span of almost a decade of their union.

Fifty other men were found culpable in a high-profile trial last year, and the appellant was the only man to appeal against his sentence. He was initially sentenced to nine years in prison, a punishment increased on Thursday to a decade.

The chief prosecutor, Dominique Sie, had argued he should serve 12 years, because he “absolutely refuses to take any responsibility”.

Evidence Presented

The defendant had first sent the husband graphic images and then traveled an hour from his residence in Provence to assault Gisèle Pelicot, after notifying his wife he was going out, the court heard.

Pelicot, who was transported from solitary confinement in prison to temporarily give evidence at the appeal trial, informed the court that Dogan had been aware his wife had been “drugged” and he communicated to men by phone: “I seek someone to violate my wife after I’ve rendered her unconscious unbeknownst to her.”

The trial became a key topic for a larger conversation on societal attitudes in society as Dogan continued to claim he was blameless and had not engaged in violation, contending that because Gisèle Pelicot’s husband had allowed him into the residence, his conduct had been acceptable.

The jury in the higher court was presented with recorded footage of Gisèle Pelicot’s unresponsive form, sedated and breathing heavily in a comatose state, while a smiling Dogan performed assault multiple times over a duration of what authorities reported was three and a half hours. The court official said she had been at danger of fatal outcome by choking. The state's case said there was absolute certainty that she had been incapacitated and had not consented.

Accused's Testimony

The defendant informed the court the videos were simply “intimate moments” and rejected it was assault. He said what he did was “a sexual act”, not rape. He declared the court: “I did not commit rape.” He said the victim's husband had invited him to the residence, and therefore it was acceptable. He said he was manipulated by Dominique Pelicot. “I attempted to cease,” Dogan stated to the court. “I continued because he convinced me.”

Asked if he wanted to make a final statement to the court, Dogan said: “I did not intend to injure that individual.”

Victim's Response

The victim, who was cheered upon departing the trial each day by onlookers present to stand with her, told the defendant in court: “You do not grasp. When will you admit you violated me? It’s a crime to rape an unconscious woman. How could I have give you agreement? Not once.”

Gisèle Pelicot, 72, became an global icon after she waived her right to privacy in the trial last year when she said: “Guilt ought to transfer.”

State's Argument

The prosecutor, turning to the victim in court, said the defendant's failure to take blame showed that: “Guilt has not shifted. Society is possibly in the midst of that, perhaps motivated by the public consciousness resulting from the exposure of your case.”

The prosecutor said Dogan’s claims of non-guilt showed how societal tolerance was still common in society as part of “old-fashioned” forms of “patriarchal control”. He said: “We need to change the culture of violence to a society based on agreement.”

The prosecutor said to the defendant: “While you deny it, it’s not just a person, it’s an entire sordid social system that you are supporting.”

Personal History

The accused was originated from 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 aggressive and that the defendant began consuming marijuana aged ten. When he was seventeen he was caught by authorities for drug trafficking and his father forced him to leave of home. He served time in prison for trafficking in his young adulthood and had worked as a laborer but had undergone periods of homelessness.

He was married and had a son with a genetic condition, who he was the principal carer for, as his spouse worked in a educational cafeteria. The court heard his spouse did not know he had frequent intimate relations beyond their union. His defence said this was his way of coping with his stressful life. Dogan had stated to a mental health expert that each year he looked for commercial sex on his special day. His lawyers stated to the court he had joint inflammation resulting from the pressure of the initial proceedings.