French Higher Court Uphighers Sentence for Gisèle Pelicot Perpetrator

A defendant was declared guilty on appeal of raping Gisèle Pelicot after she was drugged unconscious by her husband – and was given his prison sentence extended to a decade.

Higher Court Case

Husamettin Dogan, forty-four, an unemployed builder, who had contested his first conviction last year, faced a new trial this week at the Nîmes court of appeal.

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

The testimony revealed that the accused, a family man, connected with Gisèle Pelicot’s spouse, Dominique Pelicot, in an internet forum titled “unbeknownst to her”, where Pelicot was looking for men to come to his home to assault his wife once he had drugged her into a deep sleep.

“We hope the jury will affirm that in this nation, fundamental rights are also women’s rights – that agreement is personal, not delegated,” declared Gisèle Pelicot’s attorney, her legal representative. “Agreement is obtained directly and not through someone else from a spouse.”

Case History

The ex-husband, one of the worst sexual predators in France's contemporary records, was sentenced to two decades in prison last year for drugging his wife at the time and bringing in dozens of men to sexually assault her in her home in the town of the village of Mazan over a period of almost a decade of their union.

Fifty other men were found convicted in a notable trial last year, and Dogan was the single defendant to challenge his sentence. He was originally handed a term to 9 years in prison, a penalty enhanced on Thursday to a decade.

The chief prosecutor, Dominique Sie, had contended he should serve twelve years, because he “completely denies to take any blame”.

Testimony and Proof

Dogan had initially sent Dominique Pelicot graphic images and then driven an hour from his town in the region to rape the victim, after telling his wife he was stepping out, the court heard.

Pelicot, who was transported from solitary confinement in prison to temporarily give evidence at the retrial, informed the court that Dogan had been aware his wife had been “drugged” and he said to men by phone: “I want someone to violate my wife after I’ve sedated her without her knowledge.”

The trial became a central issue for a broader debate on sexual violence norms in society as Dogan continued to say he was blameless and had not engaged in violation, arguing that because the victim's husband had welcomed him into the residence, his actions had been permissible.

The panel in the higher court was displayed visual proof of Gisèle Pelicot’s unconscious figure, comatose and snoring in a deep sleep, while a smiling Dogan committed rape on several occasions over a timeframe of what investigators stated was 3.5 hours. The court official said she had been at risk of death by choking. The prosecution said there was no question that she had been unaware and had not consented.

Accused's Testimony

The defendant informed the court the recordings were simply “intimate moments” and denied it was violation. He said what he did was “a sexual act”, not rape. He stated the court: “I did not commit rape.” He said the victim's husband had allowed him to the home, and therefore it was OK. He said he was influenced by the husband. “I tried to halt,” Dogan stated to the court. “I carried on because he persuaded me.”

Questioned if he wanted to make a closing remarks to the court, the defendant said: “I did not intend to harm that lady.”

Victim's Response

The survivor, who was applauded upon exiting the courtroom each day by supporters present to back her, told Dogan in court: “You haven’t understood. When will you acknowledge you raped me? It’s a crime to rape an unconscious woman. At what point did I give you permission? Never.”

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

State's Argument

Sie, speaking to Gisèle Pelicot in court, said Dogan’s refusal to take blame showed that: “The shame remains. Society is possibly in the process of that, maybe driven by the collective awareness spurred by the exposure of your situation.”

Sie said Dogan’s claims of non-guilt showed how rape culture was still widespread in society as part of “outdated” forms of “gender-based power”. He said: “We need to change the culture of violence to a society based on agreement.”

Sie addressed the defendant: “As long as you deny it, it’s not just a individual, it’s an entire disturbing cultural framework that you are upholding.”

Defendant's Background

Dogan was born in Turkey and at the age of five moved to France, where his parent worked as a building manager. The testimony revealed that his father was violent and that the defendant began smoking cannabis aged ten. When Dogan was 17 he was caught by authorities for drug trafficking and his father evicted him of home. He served time in prison for drug dealing in his young adulthood and had worked as a laborer but had faced periods of homelessness.

He was married and had a child with a genetic condition, who he was the main caregiver for, as his spouse worked in a institution's dining hall. The testimony revealed his spouse did not know he had frequent extramarital activities beyond their union. His legal team said this was his strategy for managing with his stressful life. The defendant had informed a evaluator that annually he looked for paid sex on his special day. His legal representatives informed the court he had joint inflammation caused by the pressure of the first trial.