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A man has been found guilty on appeal of raping Gisèle Pelicot after she was drugged unconscious by her spouse – and was given his prison sentence raised to ten years.

Appeal Trial

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

A jury of four women and five men, sitting with three judges, ruled against Dogan on Thursday of raping the victim in her residence in the south of France in the early hours of 29 June 2019.

The testimony revealed that Dogan, a family man, connected with the victim's spouse, Dominique Pelicot, in an digital platform called “without her consent”, where the husband was seeking men to enter his residence to assault his wife once he had sedated her into a deep sleep.

We expect the jury will say loud and clear that in this country, human rights are also women’s rights – that agreement is individual, not delegated,” said the victim's attorney, her legal representative. “Consent is obtained directly and not through someone else from a husband.”

Background

Dominique Pelicot, a notorious sex offenders in modern French history, was sentenced to 20 years in prison last year for drugging his then wife and soliciting numerous individuals to sexually assault her in her home in the Provence village of the village of Mazan over a span of many years of their union.

Numerous other individuals were found guilty in a high-profile trial last year, and the appellant was the only man to contest his verdict. He was originally given a sentence to 9 years in prison, a punishment enhanced on Thursday to a decade.

The state's attorney, the prosecutor, had stated he should serve twelve years, because he “completely denies to take any responsibility”.

Testimony and Proof

Dogan had initially sent Dominique Pelicot graphic images and then traveled an hour from his residence in the region to assault the victim, after notifying his wife he was going out, the court heard.

The ex-husband, who was brought from solitary confinement in prison to briefly provide testimony at the hearing, stated to the court that the accused had known 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 consent.”

The proceedings became a focus point for a broader debate on sexual violence norms in society as Dogan continued to say he was not guilty and had not perpetrated assault, contending that because the victim's husband had invited him into the residence, his actions had been permissible.

The jury in the Nîmes appeals court was shown visual proof of Gisèle Pelicot’s unconscious figure, comatose and breathing heavily in a comatose state, while a grinning Dogan performed assault on several occasions over a timeframe of what investigators stated was 3.5 hours. The court official said she had been at peril of death by suffocation. The state's case said there was no doubt that she had been incapacitated and had not given permission.

Accused's Testimony

Dogan told the court the videos were simply “sex scenes” and rejected it was rape. He said what he did was “an intimate behavior”, not rape. He told the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had brought him to the house, and therefore it was OK. He said he was manipulated by the husband. “I attempted to cease,” the accused told the court. “I continued because he reassured me.”

Asked if he wanted to make a last words to the court, Dogan said: “I did not intend to hurt that lady.”

Survivor's Statement

The victim, who was supported upon leaving court each day by onlookers present to back her, said to the defendant in court: “You haven’t understood. When will you admit you violated me? It is illegal to rape an unconscious woman. When did I ever give you agreement? At no time.”

Gisèle Pelicot, 72, became an symbol of resistance after she relinquished her right to anonymity in the trial last year when she said: “Guilt ought to transfer.”

State's Argument

The prosecutor, addressing the victim in court, said the defendant's refusal to take blame showed that: “Shame has not yet changed sides. The public is perhaps in the midst of that, perhaps motivated by the public consciousness resulting from the exposure of your case.”

Sie said the defendant's claims of innocence showed how rape culture was still common in society as part of “archaic” forms of “patriarchal control”. He said: “We need to change rape culture to a culture of consent.”

The prosecutor addressed the defendant: “For as much as you refuse to admit it, it’s not just a individual, it’s an entire sordid social system that you are supporting.”

Biographical Details

Dogan was born in Turkey and at the age of five relocated to France, where his parent worked as a caretaker. The testimony revealed that his parent was violent and that Dogan began consuming marijuana at the age of 10. When he was seventeen he was apprehended by authorities for dealing drugs and his parent forced him to leave the residence. He served time in prison for drug dealing in his twenties and had worked as a builder but had faced periods of being unhoused.

He was wed and had a son with a genetic condition, who he was the principal carer for, as his spouse worked in a institution's dining hall. The court heard his wife did not know he had frequent extramarital activities beyond their marriage. His legal team said this was his strategy for managing with his challenging existence. The defendant had told a court psychologist that each year he sought paid sex on his special day. His lawyers informed the court he had a medical condition resulting from the pressure of the original case.