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A man was convicted on higher court review of raping Gisele Pelicot following she was sedated by her spouse – and received his jail term raised to a decade.

Appeal Trial

Husamettin Dogan, forty-four, an out-of-work construction worker, who had appealed his first conviction last year, underwent a retrial this week at the Nîmes court of appeal.

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

The court heard that Dogan, a family man, reached out to Gisèle Pelicot’s then husband, the husband, in an internet forum called “without her consent”, where Pelicot was looking for men to visit his house to rape his wife once he had sedated her into a comatose state.

“We hope the panel will declare that in this society, fundamental rights are also women’s rights – that agreement is individual, not given by another,” stated Gisèle Pelicot’s attorney, her legal representative. “Consent is received directly and not via a representative from a spouse.”

Context

Dominique Pelicot, among the most severe sexual predators in modern French history, was handed a sentence to twenty years in prison last year for drugging his wife at the time and inviting multiple perpetrators to rape her in her home in the Provence village of Mazan over a duration of nearly ten years of their marriage.

Dozens of additional defendants were found culpable in a widely publicized trial last year, and Dogan was the single defendant to contest his conviction. He was originally handed a term to nine years in prison, a punishment raised on Thursday to 10 years.

The lead state prosecutor, Dominique Sie, had stated he should serve twelve years, because he “completely denies to take any accountability”.

Evidence Presented

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

Pelicot, who was brought from solitary confinement in prison to briefly give evidence at the hearing, stated to the court that Dogan had known his wife had been “incapacitated” and he told to men by phone: “I seek someone to abuse my wife after I’ve sedated her without her knowledge.”

The courtroom became a focus point for a broader debate on sexual violence norms in society as Dogan continued to claim he was not guilty and had not perpetrated assault, stating that because Gisèle Pelicot’s husband had invited him into the residence, his conduct had been justifiable.

The jury in the higher court was presented with visual proof of Gisèle Pelicot’s unconscious figure, comatose and snoring in a deep sleep, while a smiling Dogan committed rape multiple times over a timeframe of what authorities reported was three and a half hours. The presiding judge said she had been at risk of death by choking. The prosecution said there was no question that she had been incapacitated and had not agreed.

Accused's Testimony

Dogan informed the court the recordings were simply “sex scenes” and denied it was assault. He said what he did was “a sexual act”, not rape. He stated the court: “I never raped.” 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,” Dogan informed the court. “I carried on because he reassured me.”

Questioned if he wanted to make a final statement to the court, the defendant said: “I never wanted to harm that lady.”

Victim's Response

The survivor, who was supported upon leaving court each day by supporters present to stand with her, said to Dogan in court: “You fail to comprehend. When will you acknowledge you assaulted me? It’s a crime to rape an incapacitated woman. When did I ever give you consent? At no time.”

Gisèle Pelicot, seventy-two, became an international feminist hero after she waived her right to anonymity in the trial last year when she said: “Guilt ought to transfer.”

State's Argument

Sie, speaking to the victim in court, said the defendant's unwillingness to take accountability showed that: “The shame remains. The community is possibly in the process of that, possibly propelled by the collective awareness spurred by the revelation of your situation.”

The prosecutor said the defendant's claims of innocence showed how rape culture was still prevalent in society as part of “outdated” forms of “patriarchal control”. He said: “We need to change rape culture to a ethos of permission.”

Sie said to Dogan: “For as much as you reject it, it’s not just a individual, it’s an entire disturbing societal structure that you are endorsing.”

Biographical Details

The accused was born in Turkey and at the age of five moved to the nation of France, where his father worked as a caretaker. The testimony revealed that his parent was aggressive and that the defendant began using drugs aged 10. When he was 17 he was caught by police for drug trafficking and his parent evicted him of home. He served time in prison for drug dealing in his early 20s and had worked as a construction worker but had faced periods of homelessness.

He was married and had a child with special needs, who he was the main caregiver for, as his spouse worked in a institution's dining hall. The court heard his spouse did not know he had regular intimate relations beyond their marriage. His legal team said this was his way of coping with his difficult circumstances. The defendant had stated to a court psychologist that each year he sought paid sex on his birthday. His attorneys stated to the court he had arthritis caused by the anxiety of the initial proceedings.