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A man was declared guilty on appeal of raping Gisèle Pelicot following she was drugged unconscious by her spouse – and has had his prison sentence raised to ten years.

Higher Court Case

Husamettin Dogan, 44, an unemployed builder, who had appealed 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, accompanied by three judges, convicted Dogan on Thursday of sexually assaulting Pelicot in her residence in southern France in the early hours of 29 June 2019.

The court heard that the accused, a family man, connected with 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 rendered her unconscious into a unconscious state.

“We hope the jury will affirm that in this nation, fundamental rights are also women’s rights – that permission is individual, not given by another,” declared Gisèle Pelicot’s lawyer, her legal representative. “Agreement is received personally and not via a representative from a spouse.”

Context

The husband, among the most severe sex offenders in France's contemporary records, was given a prison term to twenty years in prison last year for drugging his spouse and inviting dozens of men to rape her in her home in the town of the village of Mazan over a period of nearly ten years of their marriage.

Numerous other individuals were found guilty in a widely publicized trial last year, and Dogan was the sole individual to appeal against his sentence. He was first handed a term to nine years in prison, a penalty raised on Thursday to a decade.

The chief prosecutor, the prosecutor, had argued he should serve 12 years, because he “completely denies to take any blame”.

Courtroom Details

The defendant had first sent the husband inappropriate pictures and then driven an hour from his village in the region to assault Gisèle Pelicot, after informing his wife he was going out, the testimony revealed.

The ex-husband, who was transported from segregation in prison to temporarily testify at the appeal trial, informed the court that Dogan had been aware his wife had been “drugged” and he said to men by phone: “I want someone to assault my wife after I’ve rendered her unconscious unbeknownst to her.”

The proceedings became a central issue for a broader debate on sexual violence norms in society as the defendant continued to say he was blameless and had not engaged in violation, arguing that because the victim's husband had allowed him into the room, his conduct had been justifiable.

The jury in the Nîmes appeals court was shown video evidence of Gisèle Pelicot’s limp body, unconscious and snoring in a deep sleep, while a smiling the perpetrator performed assault multiple times over a period of what authorities reported was 3.5 hours. The judge said she had been at risk of fatal outcome by suffocation. The state's case said there was no doubt that she had been incapacitated and had not agreed.

Dogan's Claims

Dogan stated to the court the recordings were simply “sexual encounters” and rejected it was violation. He said what he did was “a sexual act”, not assault. He stated the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had brought him to the residence, and therefore it was OK. He said he was manipulated by the husband. “I attempted to cease,” Dogan stated to the court. “I carried on because he persuaded me.”

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

Pelicot's Words

The survivor, who was supported upon leaving court each day by crowds assembled to support her, told Dogan in court: “You do not grasp. When will you admit you violated me? It is unlawful to assault an unaware woman. At what point did I give you agreement? Never.”

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

State's Argument

Sie, speaking to Gisèle Pelicot in court, said Dogan’s refusal to take responsibility showed that: “Shame has not yet changed sides. The community is maybe in the midst of that, perhaps driven by the collective awareness resulting from the publication of your ordeal.”

The prosecutor said Dogan’s claims of blamelessness showed how societal tolerance was still prevalent in society as part of “outdated” forms of “male domination”. He said: “It is imperative to change rape culture to a society based on agreement.”

Sie told the defendant: “As long as you refuse to admit it, it’s not just a individual, it’s an complete disturbing social system that you are supporting.”

Personal History

The accused was born in Turkey and at the age of 5 moved to the nation of France, where his father worked as a concierge. The evidence indicated that his father was violent and that the defendant began using drugs at the age of 10. When Dogan was 17 he was stopped by police for selling narcotics and his father evicted him the family house. He spent time in prison for narcotics offenses in his early 20s and had worked as a laborer but had undergone periods of being unhoused.

He was wed and had a son with special needs, who he was the principal carer for, as his spouse worked in a educational cafeteria. The court heard his spouse did not know he had repeated extramarital activities beyond their marriage. His defence said this was his strategy for managing with his difficult circumstances. Dogan had told a court psychologist that each year he engaged in paid sex on his special day. His attorneys told the court he had a medical condition resulting from the anxiety of the original case.