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A man was convicted on appeal of raping Gisele Pelicot after she was sedated by her spouse – and received his prison sentence raised to ten years.

Higher Court Case

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

A panel of nine jurors, joined by three judges, ruled against Dogan on Thursday of sexually assaulting Pelicot in her bedroom in southern France in the morning of 29 June 2019.

The evidence showed that Dogan, a married father, reached out to the victim's then husband, the husband, in an online chatroom called “without her knowledge”, where the husband was recruiting men to visit his house to rape his wife once he had rendered her unconscious into a deep sleep.

“We hope the jury will say loud and clear that in this society, fundamental rights are also rights of women – that permission is individual, not given by another,” said Gisèle Pelicot’s lawyer, Antoine Camus. “Consent is received directly and not by proxy from a husband.”

Background

The ex-husband, among the most severe sex offenders in France's contemporary records, was handed a sentence to 20 years in prison last year for incapacitating his wife at the time and bringing in multiple perpetrators to rape her in her home in the community of the village of Mazan over a period of many years of their union.

Dozens of additional defendants were found guilty in a high-profile trial last year, and the appellant was the sole individual to challenge his conviction. He was first given a sentence to 9 years in prison, a sentence increased on Thursday to 10 years.

The state's attorney, Dominique Sie, had contended he should serve 12 years, because he “stubbornly rejects to take any accountability”.

Testimony and Proof

Dogan had initially sent the husband sexually explicit photos and then traveled an hour from his residence in the region to rape Gisèle Pelicot, after notifying his wife he was leaving, the court heard.

The ex-husband, who was brought from segregation in prison to temporarily provide testimony at the retrial, informed the court that the accused had known his wife had been “drugged” and he told to men by phone: “I’m looking for someone to assault my wife after I’ve rendered her unconscious unbeknownst to her.”

The proceedings became a central issue for a larger conversation on societal attitudes in society as Dogan continued to say he was blameless and had not committed rape, contending that because the victim's husband had allowed him into the room, his actions had been permissible.

The panel in the Nîmes appeals court was displayed visual proof of the victim's unresponsive form, sedated and breathing heavily in a deep sleep, while a grinning the perpetrator engaged in violation repeatedly over a duration of what police said was several hours. The presiding judge said she had been at peril of death by suffocation. The prosecution said there was no question that she had been incapacitated and had not given permission.

Dogan's Claims

The defendant stated to the court the footage were simply “sex scenes” and disputed it was rape. He said what he did was “an intimate behavior”, not rape. He told the court: “I did not commit rape.” He said the victim's husband had brought him to the house, and therefore it was acceptable. He said he was manipulated by the husband. “I tried to halt,” the accused informed the court. “I carried on because he convinced me.”

Questioned if he wanted to make a final statement to the court, the defendant said: “I did not intend to hurt that woman.”

Victim's Response

The victim, who was cheered upon exiting the courtroom each day by onlookers assembled to support her, told Dogan in court: “You haven’t understood. When are you going to recognise you assaulted me? It’s a crime to rape an unaware woman. How could I have give you agreement? At no time.”

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

Legal Commentary

Sie, addressing Gisèle Pelicot in court, said the defendant's unwillingness to take accountability showed that: “Guilt has not shifted. The public is maybe in the midst of that, perhaps propelled by the societal understanding brought by the exposure of your ordeal.”

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

Sie said to the defendant: “While you refuse to admit it, it’s not just a person, it’s an complete disturbing societal structure that you are upholding.”

Biographical Details

The accused was originated from Turkey and at the age of 5 relocated to the nation of France, where his father worked as a building manager. The court heard that his parent was abusive and that the defendant began consuming marijuana at the age of ten. When he was 17 he was caught by police for dealing drugs and his parent evicted him the residence. He spent time in prison for narcotics offenses in his early 20s and had worked as a builder but had faced periods of homelessness.

He was wed and had a son with Down’s syndrome, who he was the principal carer for, as his spouse worked in a institution's dining hall. The evidence showed his spouse did not know he had frequent extramarital activities beyond their union. His legal team said this was his way of coping with his difficult circumstances. Dogan had stated to a evaluator that once a year he sought paid sex on his birthday. His legal representatives stated to the court he had a medical condition caused by the pressure of the first trial.