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An individual has been found guilty on higher court review of raping Gisèle Pelicot after she was drugged unconscious by her spouse – and has had his prison sentence raised to ten years.

Appeal Trial

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

A jury of four women and five men, joined by three judges, convicted Dogan on Thursday of raping Pelicot in her residence in the south of France in the morning of 29 June 2019.

The testimony revealed that Dogan, a married father, reached out to the victim's husband at the time, Dominique Pelicot, in an digital platform called “without her consent”, where the husband was recruiting men to come to his home to assault his wife once he had rendered her unconscious into a comatose state.

“We hope the jury will affirm that in this nation, human rights are also women’s rights – that agreement is individual, not transferred,” declared the victim's attorney, Antoine Camus. “Permission is received personally and not by proxy from a husband.”

Case History

Dominique Pelicot, among the most severe sexual predators in modern French history, was handed a sentence to twenty years in prison last year for incapacitating his wife at the time and bringing in numerous individuals to rape her in her home in the community of Mazan over a span of nearly ten years of their union.

Fifty other men were found convicted in a widely publicized trial last year, and the appellant was the single defendant to challenge his verdict. He was first handed a term to 9 years in prison, a punishment enhanced on Thursday to a decade.

The state's attorney, Dominique Sie, had argued he should serve twelve years, because he “stubbornly rejects to take any responsibility”.

Courtroom Details

The defendant had initially sent Dominique Pelicot inappropriate pictures and then driven an hour from his residence in the region to assault the victim, after notifying his wife he was stepping out, the testimony revealed.

The ex-husband, who was transported from segregation in prison to briefly give evidence at the hearing, stated to the court that Dogan had known his wife had been “sedated” and he said to men by phone: “I’m looking for someone to violate my wife after I’ve sedated her without her knowledge.”

The courtroom became a central issue for a larger conversation on sexual violence norms in society as the defendant continued to say he was blameless and had not engaged in violation, contending that because Gisèle Pelicot’s husband had welcomed him into the residence, his conduct had been justifiable.

The panel in the Nîmes appeals court was presented with visual proof of Gisèle Pelicot’s unconscious figure, comatose and snoring in a deep sleep, while a smiling the perpetrator performed assault on several occasions over a timeframe of what investigators stated was 3.5 hours. The court official said she had been at danger of fatal outcome by asphyxiation. The prosecution said there was no doubt that she had been unconscious and had not consented.

Accused's Testimony

The defendant informed the court the footage were simply “intimate moments” and denied it was violation. He said what he did was “an intimate behavior”, not assault. He stated the court: “I am innocent of assault.” He said the victim's husband had invited him to the residence, and therefore it was OK. He said he was influenced by the husband. “I attempted to cease,” the accused stated to the court. “I continued because he persuaded me.”

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

Pelicot's Words

Gisèle Pelicot, who was applauded upon leaving court each day by crowds present to stand with her, said to Dogan in court: “You haven’t understood. When will you admit you assaulted me? It’s a crime to assault an unaware woman. When did I ever give you agreement? Never.”

The victim, seventy-two, became an symbol of resistance after she waived her right to privacy in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

The prosecutor, speaking to the victim in court, said the defendant's unwillingness to take accountability showed that: “The shame remains. The public is perhaps in the process of that, possibly propelled by the public consciousness resulting from the revelation of your ordeal.”

Sie said the defendant's claims of blamelessness showed how societal tolerance was still widespread in society as part of “outdated” forms of “gender-based power”. He said: “It is imperative to change the culture of violence to a society based on agreement.”

The prosecutor addressed the defendant: “As long as you deny it, it’s not just a individual, it’s an entire unpleasant societal structure that you are endorsing.”

Biographical Details

The accused was originated from Turkey and at the age of five came to France, where his parent worked as a concierge. The court heard that his parent was abusive and that Dogan began smoking cannabis aged 10. When Dogan was 17 he was caught by police for selling narcotics and his parent kicked him out the family house. He spent time in prison for narcotics offenses in his young adulthood and had worked as a builder but had experienced 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 spouse worked in a educational cafeteria. The court heard his spouse did not know he had frequent extramarital activities outside their union. His defence said this was his strategy for managing with his stressful life. The defendant had informed a mental health expert that each year he engaged in paid sex on his birthday. His legal representatives informed the court he had joint inflammation triggered by the anxiety of the original case.