France's Appeal Court Uphighers Sentence for Gisele Pelicot Assailant

An individual was convicted on retrial of sexually assaulting Gisele Pelicot after she was rendered comatose by her spouse – and has had his jail term raised to ten years.

Retrial Proceedings

Husamettin Dogan, 44, an out-of-work construction worker, who had challenged his first conviction last year, experienced a retrial this week at the Nîmes court of appeal.

A panel of five men and four women, accompanied by three judges, found Dogan guilty on Thursday of sexually assaulting Pelicot in her home in the south of France in the early hours of 29 June 2019.

The evidence showed that Dogan, a family man, connected with the victim's spouse, the husband, in an internet forum called “without her knowledge”, where the husband was recruiting men to come to his home to rape his wife after he had rendered her unconscious into a comatose state.

We expect the court will declare that in this nation, fundamental rights are also women’s rights – that agreement is individual, not given by another,” declared the victim's attorney, her legal representative. “Permission is received personally and not through someone else from a spouse.”

Case History

Dominique Pelicot, among the most severe sex offenders in modern French history, was handed a sentence to twenty years in prison last year for sedating his then wife and inviting numerous individuals to rape her in her home in the Provence village of Mazan over a period of many years of their union.

Dozens of additional defendants were found convicted in a notable trial last year, and the appellant was the sole individual to challenge his conviction. He was originally given a sentence to nine years in prison, a sentence increased on Thursday to 10 years.

The state's attorney, Dominique Sie, had argued he should serve 12 years, because he “absolutely refuses to take any blame”.

Courtroom Details

The defendant had initially sent Dominique Pelicot sexually explicit photos and then driven an hour from his residence in Provence to rape the victim, after notifying his wife he was leaving, the court heard.

Pelicot, who was transported from segregation in prison to briefly give evidence at the hearing, told the court that Dogan had understood his wife had been “incapacitated” and he said to men by phone: “I’m looking for someone to violate my wife after I’ve rendered her unconscious without her knowledge.”

The courtroom became a key topic for a wider discussion on societal attitudes in society as Dogan continued to assert he was not guilty and had not perpetrated assault, stating that because the victim's husband had welcomed him into the residence, his conduct had been acceptable.

The jury in the higher court was shown video evidence of Gisèle Pelicot’s limp body, sedated and snoring in a comatose state, while a smiling the perpetrator committed rape on several occasions over a timeframe of what authorities reported was 3.5 hours. The presiding judge said she had been at risk of death by suffocation. The prosecution said there was no question that she had been unaware and had not agreed.

Defendant's Statements

Dogan told the court the recordings were simply “sexual encounters” and rejected it was assault. He said what he did was “an intimate behavior”, not assault. He stated the court: “I never raped.” He said Gisèle Pelicot’s husband had brought him to the residence, and therefore it was permissible. He said he was manipulated by Dominique Pelicot. “I tried to halt,” the accused stated to the court. “I carried on because he reassured me.”

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

Survivor's Statement

The victim, who was applauded upon exiting the courtroom each day by supporters assembled to back her, said to Dogan in court: “You haven’t understood. When are you going to recognise you assaulted me? It’s a crime to assault an unconscious woman. How could I have give you permission? At no time.”

The victim, 72, became an symbol of resistance after she waived her right to confidentiality in the trial last year when she said: “Shame must change sides.”

State's Argument

The prosecutor, turning to Gisèle Pelicot in court, said the defendant's refusal to take accountability showed that: “Guilt has not shifted. The public is perhaps in the midst of that, possibly propelled by the societal understanding spurred by the exposure of your case.”

The prosecutor said Dogan’s claims of blamelessness showed how rape culture was still common in society as part of “archaic” forms of “male domination”. He said: “We need to change the culture of violence to a ethos of permission.”

The prosecutor addressed Dogan: “While you refuse to admit it, it’s not just a woman, it’s an complete disturbing cultural framework that you are supporting.”

Defendant's Background

The accused was born in the country of Turkey and at the age of 5 moved to the nation of France, where his parent worked as a building manager. The court heard that his parent was aggressive and that Dogan began consuming marijuana aged 10. When Dogan was 17 he was stopped by authorities for selling narcotics and his father evicted him the family house. He spent time in prison for narcotics offenses in his early 20s and had worked as a builder but had faced periods of living on the streets.

He was wed and had a son with Down’s syndrome, who he was the main caregiver for, as his spouse worked in a educational cafeteria. The testimony revealed his wife did not know he had repeated sexual encounters beyond their marriage. His legal team said this was his method of dealing with his challenging existence. Dogan had informed a evaluator that each year he engaged in commercial sex on his special day. His attorneys informed the court he had a medical condition caused by the stress of the first trial.