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A defendant has been found guilty on appeal of raping Gisele Pelicot after she was sedated by her spouse – and received his jail term increased to ten years.

Retrial Proceedings

Husamettin Dogan, 44, an out-of-work construction worker, who had challenged his first conviction last year, underwent a appeal hearing this week at the higher court in Nîmes.

A panel of four women and five men, sitting with three judges, convicted Dogan on Thursday of raping the victim in her bedroom in Provence in the early hours of June 29, 2019.

The court heard that Dogan, a married father, connected with Gisèle Pelicot’s then husband, the husband, in an digital platform called “without her consent”, where the husband was seeking men to visit his house to rape his wife after he had drugged her into a comatose state.

We expect the court will affirm that in this country, fundamental rights are also women’s rights – that permission is personal, not given by another,” stated the victim's attorney, Antoine Camus. “Permission is obtained personally and not through someone else from a husband.”

Case History

Dominique Pelicot, one of the worst sexual predators in modern French history, was sentenced to twenty years in prison last year for drugging his then wife and soliciting numerous individuals to sexually assault her in her home in the town of the village of Mazan over a duration of many years of their marriage.

Fifty other men were found culpable in a notable trial last year, and the appellant was the sole individual to contest his conviction. He was first given a sentence to nine years in prison, a penalty raised on Thursday to ten years.

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

Courtroom Details

The defendant had initially sent Dominique Pelicot sexually explicit photos and then driven an hour from his town in the region to rape Gisèle Pelicot, after telling his wife he was leaving, the testimony revealed.

The ex-husband, who was brought from segregation in prison to briefly testify at the hearing, stated to the court that the accused had known his wife had been “drugged” and he communicated to men by phone: “I seek someone to abuse my wife after I’ve put her to sleep without her consent.”

The trial became a central issue for a larger conversation on societal attitudes in society as the defendant continued to say he was not guilty and had not engaged in violation, stating that because the victim's husband had invited him into the room, his conduct had been justifiable.

The jury in the higher court was shown recorded footage of the victim's unconscious figure, comatose and breathing heavily in a comatose state, while a grinning the perpetrator committed rape on several occasions over a timeframe of what investigators stated was several hours. The judge said she had been at peril of death by asphyxiation. The prosecution said there was no question that she had been unaware and had not agreed.

Dogan's Claims

Dogan stated to the court the videos were simply “sexual encounters” and disputed it was violation. He said what he did was “an intimate behavior”, not rape. He declared the court: “I never raped.” He said the victim's husband had brought him to the home, and therefore it was OK. He said he was influenced by the husband. “I attempted to cease,” the accused informed the court. “I continued because he reassured me.”

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

Victim's Response

The victim, who was applauded upon exiting the courtroom each day by supporters gathered to support her, told Dogan in court: “You fail to comprehend. When will you acknowledge you violated me? It’s a crime to rape an incapacitated woman. When did I ever give you agreement? At no time.”

The victim, 72, became an symbol of resistance after she relinquished her right to anonymity in the trial last year when she said: “Guilt ought to transfer.”

State's Argument

Sie, speaking to Gisèle Pelicot in court, said the defendant's unwillingness to take blame showed that: “Shame has not yet changed sides. Society is maybe in the course of that, possibly driven by the collective awareness resulting from the revelation of your situation.”

Sie said the defendant's claims of innocence showed how societal tolerance was still widespread 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: “For as much as you refuse to admit it, it’s not just a person, it’s an entire unpleasant social system that you are supporting.”

Biographical Details

The accused was born in the country of Turkey and at the age of five moved to France, where his father worked as a building manager. The court heard that his parent was aggressive and that Dogan began using drugs at the age of 10. When he was 17 he was caught by police for drug trafficking and his parent forced him to leave of home. He was incarcerated in prison for narcotics offenses in his twenties and had worked as a laborer but had faced periods of living on the streets.

He was wed and had a child with a genetic condition, 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 repeated extramarital activities beyond their union. His legal team said this was his strategy for managing with his difficult circumstances. Dogan had stated to a mental health expert that once a year he looked for transactional encounters on his birthday. His lawyers told the court he had joint inflammation resulting from the pressure of the original case.