France's Appeal Tribunal Increases Jail Time for Gisèle Pelicot Assailant

An individual has been found guilty on retrial of sexually assaulting Gisele Pelicot after she was drugged unconscious by her spouse – and received his incarceration period extended to a decade.

Appeal Trial

Husamettin Dogan, 44, an unemployed builder, who had contested his initial guilty verdict last year, underwent a appeal hearing this week at the higher court in Nîmes.

A jury of four women and five men, accompanied by three judges, ruled against Dogan on Thursday of sexually assaulting the victim in her residence in southern France in the morning of June 29, 2019.

The testimony revealed that the accused, a family man, connected with the victim's husband at the time, Dominique Pelicot, in an internet forum called “without her knowledge”, where Pelicot was seeking men to enter his residence to assault his wife after he had rendered her unconscious into a unconscious state.

We trust the court will say loud and clear that in this country, human rights are also women’s rights – that consent is individual, not given by another,” stated Gisèle Pelicot’s lawyer, Antoine Camus. “Agreement is obtained personally and not via a representative from a spouse.”

Case History

The ex-husband, a notorious sexual predators in modern French history, was handed a sentence to two decades in prison last year for drugging his spouse and soliciting numerous individuals to sexually assault her in her home in the Provence village of Mazan over a period of almost a decade of their marriage.

Fifty other men were found guilty in a high-profile trial last year, and the appellant was the single defendant to challenge his verdict. He was first given a sentence to nine years in prison, a punishment increased on Thursday to 10 years.

The chief prosecutor, Dominique Sie, had contended he should serve twelve years, because he “stubbornly rejects to take any responsibility”.

Courtroom Details

The defendant had first sent Dominique Pelicot inappropriate pictures and then driven an hour from his residence in the region to assault Gisèle Pelicot, after informing his wife he was stepping out, the court heard.

The ex-husband, who was brought from solitary confinement in prison to briefly give evidence at the hearing, told the court that the accused had been aware his wife had been “incapacitated” and he told to men by phone: “I’m looking for someone to assault my wife after I’ve put her to sleep without her consent.”

The trial became a key topic for a larger conversation on sexual violence norms in society as Dogan continued to assert he was not guilty and had not committed rape, stating that because Gisèle Pelicot’s husband had invited him into the room, his actions had been justifiable.

The jury in the Nîmes appeals court was displayed recorded footage of the victim's unconscious figure, unconscious and snoring in a unconscious condition, while a grinning Dogan performed assault repeatedly over a period of what authorities reported was 3.5 hours. The presiding judge said she had been at peril of fatal outcome by choking. The state's case said there was absolute certainty that she had been unaware and had not given permission.

Dogan's Claims

Dogan told the court the footage were simply “sex scenes” and rejected it was violation. 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 allowed him to the residence, and therefore it was permissible. He said he was manipulated by the husband. “I wanted to stop,” the accused told the court. “I continued because he reassured me.”

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

Survivor's Statement

The survivor, who was supported upon leaving court each day by supporters gathered to back her, told the defendant in court: “You haven’t understood. When are you going to recognise you violated me? It is illegal to rape an incapacitated woman. How could I have give you agreement? Never.”

The victim, 72, became an symbol of resistance after she relinquished her right to confidentiality in the trial last year when she said: “The shame should shift.”

Legal Commentary

The prosecutor, turning to the victim in court, said the defendant's unwillingness to take responsibility showed that: “Guilt has not shifted. The public is maybe in the course of that, possibly propelled by the public consciousness spurred by the revelation of your case.”

Sie said Dogan’s claims of non-guilt showed how societal tolerance was still common in society as part of “outdated” forms of “patriarchal control”. He said: “Now we must change the culture of violence to a society based on agreement.”

Sie said to the defendant: “For as much as you reject it, it’s not just a woman, it’s an entire sordid social system that you are upholding.”

Personal History

Dogan was originated from Turkey and at the age of five moved to the nation of France, where his parent worked as a concierge. The evidence indicated that his parent was aggressive and that Dogan began consuming marijuana at the age of 10. When he was 17 he was caught by police for selling narcotics and his parent evicted him the residence. He was incarcerated in prison for narcotics offenses in his twenties and had worked as a laborer 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 court heard his spouse did not know he had regular intimate relations outside their marriage. His legal team said this was his method of dealing with his difficult circumstances. Dogan had informed a mental health expert that annually he looked for paid sex on his birthday. His legal representatives told the court he had arthritis caused by the anxiety of the original case.

Michele Miller
Michele Miller

Liam is an international trade analyst with a passion for emerging markets and cross-border commerce.