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A man has been found guilty on appeal of raping Gisèle Pelicot following she was sedated by her then-husband – and was given his incarceration period raised to 10 years.

Appeal Trial

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

A jury of four women and five men, sitting with three judges, convicted Dogan on Thursday of raping Pelicot in her bedroom in southern France in the morning of June 29, 2019.

The evidence showed that Dogan, a family man, made contact with the victim's then husband, Dominique Pelicot, in an online chatroom titled “without her consent”, where the husband was looking for men to come to his home to rape his wife after he had rendered her unconscious into a comatose state.

“We hope the court will affirm that in this country, fundamental rights are also women’s rights – that permission is individual, not transferred,” said Gisèle Pelicot’s attorney, her legal representative. “Agreement is obtained directly and not via a representative from a husband.”

Background

Dominique Pelicot, a notorious sexual predators in modern French history, was handed a sentence to 20 years in prison last year for incapacitating his spouse and bringing in dozens of men to sexually assault her in her home in the Provence village of Mazan over a duration of many years of their marriage.

Fifty other men were found guilty in a notable trial last year, and the appellant was the sole individual to appeal against his conviction. He was originally given a sentence to nine years in prison, a penalty raised on Thursday to 10 years.

The lead state prosecutor, Dominique Sie, had contended he should serve 12 years, because he “stubbornly rejects to take any blame”.

Courtroom Details

The defendant had initially sent Dominique Pelicot graphic images and then traveled an hour from his town in Provence to rape the victim, after telling his wife he was leaving, the evidence indicated.

The ex-husband, who was brought from solitary confinement in prison to briefly provide testimony at the appeal trial, stated to 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 assault my wife after I’ve sedated her without her knowledge.”

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

The panel in the Nîmes appeals court was shown video evidence of Gisèle Pelicot’s unresponsive form, unconscious and breathing heavily in a unconscious condition, while a grinning the perpetrator engaged in violation multiple times over a period of what police said was three and a half hours. The presiding judge said she had been at risk of fatal outcome by choking. The state prosecution said there was absolute certainty that she had been unconscious and had not given permission.

Dogan's Claims

Dogan told the court the recordings were simply “sexual encounters” and disputed it was violation. He said what he did was “an intimate behavior”, not rape. He told the court: “I never raped.” He said the victim's husband had brought him to the home, and therefore it was permissible. He said he was deceived by Dominique Pelicot. “I tried to halt,” Dogan stated to the court. “I continued because he reassured me.”

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

Survivor's Statement

The survivor, who was applauded upon departing the trial each day by onlookers gathered to support her, addressed Dogan in court: “You fail to comprehend. When will you acknowledge you assaulted me? It’s a crime to assault an unaware woman. When did I ever give you consent? Not once.”

The victim, 72, became an international feminist hero after she gave up her right to anonymity in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

The prosecutor, addressing Gisèle Pelicot in court, said Dogan’s failure to take accountability showed that: “Guilt has not shifted. The community is perhaps in the process of that, perhaps propelled by the public consciousness resulting from the publication of your situation.”

The prosecutor said the defendant's claims of blamelessness showed how normalized violence was still prevalent in society as part of “outdated” forms of “gender-based power”. He said: “It is imperative to change the culture of violence to a ethos of permission.”

Sie addressed Dogan: “As long as you refuse to admit it, it’s not just a individual, it’s an whole disturbing cultural framework that you are supporting.”

Personal History

Dogan was originated from Turkey and at the age of 5 came to the nation of France, where his parent worked as a building manager. The testimony revealed that his father was violent and that Dogan began smoking cannabis at the age of 10. When he was 17 he was caught by police for drug trafficking and his parent evicted him the residence. He was incarcerated in prison for drug dealing in his early 20s and had worked as a builder but had undergone periods of living on the streets.

He was wed and had a son with special needs, who he was the primary guardian for, as his wife worked in a educational cafeteria. The testimony revealed his spouse did not know he had frequent intimate relations outside their union. His legal team said this was his way of coping with his stressful life. The defendant had stated to a mental health expert that each year he looked for paid sex on his special day. His lawyers stated to the court he had joint inflammation resulting from the pressure of the first trial.