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A man has been found guilty on appeal of raping Gisele Pelicot after she was drugged unconscious by her spouse – and received his jail term extended to 10 years.

Higher Court Case

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

A panel of five men and four women, sitting with three judges, convicted Dogan on Thursday of sexually assaulting Pelicot in her residence in southern France in the morning of June 29, 2019.

The court heard that Dogan, a married father, connected with Gisèle Pelicot’s then husband, Dominique Pelicot, in an digital platform called “without her knowledge”, where Pelicot was seeking men to enter his residence to rape his wife once he had drugged her into a deep sleep.

We trust the jury will affirm that in this society, human rights are also rights of women – that consent is personal, not delegated,” declared Gisèle Pelicot’s attorney, her legal representative. “Consent is obtained personally and not via a representative from a husband.”

Case History

The husband, a notorious sex offenders in modern French history, was sentenced to twenty years in prison last year for sedating his wife at the time and bringing in multiple perpetrators to sexually assault her in her home in the Provence village of Mazan over a period of nearly ten years of their marriage.

Numerous other individuals were found culpable in a notable trial last year, and the appellant was the sole individual to appeal against his sentence. He was first given a sentence to 9 years in prison, a penalty increased on Thursday to ten years.

The chief prosecutor, the prosecutor, had stated he should serve 12 years, because he “stubbornly rejects to take any responsibility”.

Testimony and Proof

Dogan had first sent the husband sexually explicit photos and then traveled an hour from his village in the region to assault Gisèle Pelicot, after telling his wife he was going out, the testimony revealed.

Pelicot, who was transported from isolation in prison to briefly provide testimony at the retrial, informed the court that the accused had been aware his wife had been “sedated” and he told to men by phone: “I’m looking for someone to abuse my wife after I’ve put her to sleep unbeknownst to her.”

The proceedings became a key topic for a wider discussion on rape culture in society as the defendant continued to say he was innocent and had not engaged in violation, contending that because the victim's husband had invited him into the residence, his actions had been acceptable.

The panel in the Nîmes appeals court was displayed recorded footage of Gisèle Pelicot’s limp body, comatose and breathing heavily in a unconscious condition, while a smiling the perpetrator engaged in violation multiple times over a period of what investigators stated was three and a half hours. The court official said she had been at peril of death by suffocation. The state prosecution said there was no question that she had been unconscious and had not given permission.

Defendant's Statements

The defendant informed the court the videos were simply “sex scenes” and disputed it was assault. He said what he did was “an intimate behavior”, not assault. He told the court: “I did not commit rape.” He said the victim's husband had invited him to the home, and therefore it was OK. He said he was manipulated by Dominique Pelicot. “I attempted to cease,” Dogan informed the court. “I continued because he persuaded me.”

Asked if he wanted to make a last words to the court, the defendant said: “I had no desire to harm that individual.”

Pelicot's Words

Gisèle Pelicot, who was cheered upon leaving court each day by supporters assembled to support her, said to Dogan in court: “You haven’t understood. When will you admit you raped me? It is illegal to assault an unconscious woman. At what point did I give you permission? Not once.”

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, addressing the victim in court, said Dogan’s failure to take blame showed that: “Shame has not yet changed sides. The community is possibly in the process of that, possibly motivated by the collective awareness resulting from the revelation of your situation.”

Sie said the defendant's claims of innocence showed how societal tolerance was still widespread in society as part of “outdated” forms of “patriarchal control”. He said: “We need to change the culture of violence to a ethos of permission.”

The prosecutor told Dogan: “While you refuse to admit it, it’s not just a woman, it’s an whole unpleasant social system that you are supporting.”

Biographical Details

The accused was born in Turkey and at the age of five came to France, where his parent worked as a building manager. The evidence indicated that his parent was violent and that the defendant began smoking cannabis aged ten. When he was seventeen he was stopped by authorities for dealing drugs and his father forced him to leave the family house. He was incarcerated in prison for drug dealing in his twenties and had worked as a builder but had undergone periods of living on the streets.

He was wed and had a child with special needs, who he was the main caregiver for, as his spouse worked in a educational cafeteria. The evidence showed his wife did not know he had regular sexual encounters beyond their union. His defence said this was his strategy for managing with his difficult circumstances. Dogan had told a court psychologist that annually he sought paid sex on his birthday. His lawyers told the court he had a medical condition triggered by the stress of the first trial.