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A man has been found guilty on higher court review of raping Gisèle Pelicot following she was sedated by her spouse – and has had his jail term extended to a decade.

Appeal Trial

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

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 Provence in the early hours of June 29, 2019.

The court heard that the accused, a married father, made contact with Gisèle Pelicot’s spouse, the husband, in an digital platform called “without her consent”, where Pelicot was looking for men to visit his house to assault his wife once he had rendered her unconscious into a deep sleep.

We trust the jury will declare that in this society, human rights are also women’s rights – that agreement is individual, not given by another,” stated the victim's attorney, her legal representative. “Agreement is secured personally and not via a representative from a husband.”

Context

The husband, a notorious sex offenders in modern French history, was handed a sentence to two decades in prison last year for incapacitating his spouse and bringing in dozens of men to sexually assault her in her home in the community of the village of Mazan over a period of almost a decade of their union.

Dozens of additional defendants were found guilty in a widely publicized trial last year, and the appellant was the single defendant to contest his verdict. He was initially sentenced to 9 years in prison, a sentence raised on Thursday to 10 years.

The state's attorney, the prosecutor, had stated he should serve 12 years, because he “absolutely refuses to take any responsibility”.

Courtroom Details

The defendant had first sent Dominique Pelicot graphic images and then driven an hour from his village in the region to rape the victim, after notifying his wife he was leaving, the testimony revealed.

Pelicot, who was brought from isolation in prison to briefly provide testimony at the appeal trial, stated to the court that Dogan had known his wife had been “drugged” and he communicated to men by phone: “I want someone to violate my wife after I’ve rendered her unconscious without her knowledge.”

The trial became a focus point for a broader debate on rape culture in society as the defendant continued to say he was not guilty and had not committed rape, contending that because Gisèle Pelicot’s husband had invited him into the residence, his actions had been justifiable.

The jury in the Nîmes appeals court was shown recorded footage of the victim's unresponsive form, comatose and breathing heavily in a deep sleep, while a smiling the perpetrator committed rape on several occasions over a duration of what authorities reported was 3.5 hours. The judge said she had been at peril of death by choking. The prosecution said there was absolute certainty that she had been unaware and had not consented.

Defendant's Statements

Dogan stated to the court the footage were simply “sexual encounters” and disputed it was violation. He said what he did was “a sexual act”, not rape. He told the court: “I never raped.” He said the victim's husband had brought him to the residence, 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 reassured me.”

Questioned if he wanted to make a closing remarks to the court, Dogan said: “I never wanted to hurt that lady.”

Pelicot's Words

The survivor, who was cheered upon exiting the courtroom each day by onlookers assembled to support her, said to the defendant in court: “You do not grasp. When will you acknowledge you violated me? It’s a crime to assault an unconscious woman. How could I have give you consent? Not once.”

The victim, 72, became an international feminist hero after she relinquished her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”

State's Argument

Sie, addressing the victim in court, said the defendant's failure to take accountability showed that: “Shame has not yet changed sides. The public is possibly in the midst of that, perhaps propelled by the collective awareness resulting from the revelation of your situation.”

Sie said the defendant's claims of blamelessness showed how societal tolerance was still prevalent in society as part of “archaic” forms of “patriarchal control”. He said: “It is imperative to change rape culture to a ethos of permission.”

The prosecutor said to the defendant: “While you refuse to admit it, it’s not just a woman, it’s an complete unpleasant cultural framework that you are upholding.”

Biographical Details

Dogan was originated from Turkey and at the age of five relocated to the nation of France, where his father worked as a caretaker. The evidence indicated that his parent was abusive and that Dogan began smoking cannabis at the age of 10. When he was 17 he was apprehended by authorities for drug trafficking and his father kicked him out the family house. He spent time in prison for drug dealing in his young adulthood and had worked as a laborer but had faced periods of homelessness.

He was married and had a child with a genetic condition, 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 extramarital activities beyond their union. His legal team said this was his way of coping with his challenging existence. Dogan had told a evaluator that once a year he engaged in commercial sex on his birthday. His legal representatives told the court he had a medical condition triggered by the anxiety of the initial proceedings.