French Appeal Tribunal Increases Prison Term for Gisele Pelicot Perpetrator

A defendant has been found guilty on retrial of sexually assaulting Gisèle Pelicot following she was drugged unconscious by her spouse – and received his jail term increased to 10 years.

Retrial Proceedings

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

A panel of nine jurors, accompanied by three judges, ruled against Dogan on Thursday of sexually assaulting Pelicot in her bedroom in Provence in the early hours of June 29, 2019.

The testimony revealed that the accused, a family man, made contact with Gisèle Pelicot’s husband at the time, Dominique Pelicot, in an online chatroom called “without her knowledge”, where the husband was seeking men to visit his house to rape his wife once he had rendered her unconscious into a unconscious state.

We trust the jury will declare that in this nation, human rights are also women’s rights – that consent is individual, not given by another,” declared Gisèle Pelicot’s attorney, her legal representative. “Consent is obtained personally and not through someone else from a spouse.”

Case History

The husband, a notorious sexual predators in modern French history, was given a prison term to 20 years in prison last year for sedating his wife at the time and soliciting numerous individuals to rape her in her home in the Provence village of Mazan over a duration of many years of their union.

Numerous other individuals were found convicted in a notable trial last year, and Dogan was the sole individual to contest his conviction. He was originally sentenced to 9 years in prison, a penalty enhanced on Thursday to 10 years.

The chief prosecutor, the prosecutor, had contended he should serve twelve years, because he “absolutely refuses to take any blame”.

Evidence Presented

Dogan had first sent Dominique Pelicot sexually explicit photos and then traveled an hour from his town in the region to assault Gisèle Pelicot, after notifying his wife he was leaving, the testimony revealed.

The ex-husband, who was transported from segregation in prison to temporarily testify at the appeal trial, stated to the court that Dogan had known his wife had been “sedated” and he said to men by phone: “I seek someone to assault my wife after I’ve put her to sleep unbeknownst to her.”

The courtroom became a focus point for a larger conversation on societal attitudes in society as Dogan continued to say he was not guilty and had not engaged in violation, contending that because Gisèle Pelicot’s husband had welcomed him into the bedroom, his behavior had been permissible.

The jury in the higher court was presented with recorded footage of the victim's unconscious figure, sedated and breathing heavily in a unconscious condition, while a smiling Dogan engaged in violation multiple times over a timeframe of what authorities reported was three and a half hours. The judge said she had been at risk of death by asphyxiation. The prosecution said there was no doubt that she had been unconscious and had not agreed.

Dogan's Claims

The defendant told the court the footage were simply “intimate moments” and denied it was assault. He said what he did was “a sexual act”, not assault. He stated the court: “I am innocent of assault.” He said the victim's husband had invited him to the house, and therefore it was permissible. He said he was deceived by Dominique Pelicot. “I wanted to stop,” the accused told the court. “I carried on because he persuaded me.”

Asked if he wanted to make a last words to the court, Dogan said: “I never wanted to harm that lady.”

Pelicot's Words

The victim, who was cheered upon leaving court each day by supporters present to back her, told the defendant in court: “You haven’t understood. When will you admit you violated me? It’s a crime to rape an unaware woman. At what point did I give you consent? Never.”

The victim, seventy-two, became an symbol of resistance after she gave up her right to privacy in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

The prosecutor, addressing the victim in court, said the defendant's refusal to take accountability showed that: “Guilt has not shifted. Society is possibly in the process of that, possibly driven by the public consciousness resulting from the exposure of your case.”

Sie said Dogan’s claims of blamelessness showed how normalized violence was still prevalent in society as part of “old-fashioned” forms of “gender-based power”. He said: “We need to change rape culture to a culture of consent.”

Sie said to the defendant: “While you deny it, it’s not just a individual, it’s an entire disturbing social system that you are upholding.”

Biographical Details

The accused was originated from Turkey and at the age of five came to France, where his parent worked as a building manager. The court heard that his parent was abusive and that Dogan began smoking cannabis aged ten. When he was seventeen he was apprehended by authorities for drug trafficking and his parent evicted him the residence. He was incarcerated in prison for trafficking in his young adulthood and had worked as a builder but had faced periods of homelessness.

He was wed and had a son with special needs, who he was the primary guardian for, as his wife worked in a educational cafeteria. The court heard his wife did not know he had repeated extramarital activities outside their union. His defence said this was his strategy for managing with his difficult circumstances. The defendant had informed a mental health expert that once a year he looked for commercial sex on his birthday. His legal representatives told the court he had joint inflammation triggered by the stress of the first trial.

Vincent Phillips
Vincent Phillips

A seasoned journalist with over a decade of experience covering UK politics and social issues, known for in-depth analysis and engaging storytelling.