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An individual was declared guilty on higher court review of raping Gisele Pelicot following she was drugged unconscious by her spouse – and received his jail term raised to ten years.

Appeal Trial

Husamettin Dogan, forty-four, an unemployed builder, who had challenged his first conviction last year, experienced a new trial this week at the Nîmes court of appeal.

A panel of four women and five men, sitting with three judges, ruled against Dogan on Thursday of raping Pelicot in her residence in southern France in the morning of June 29, 2019.

The evidence showed that Dogan, a married father, connected with the victim's husband at the time, the husband, in an digital platform named “without her consent”, where the husband was recruiting men to visit his house to rape his wife once he had drugged her into a comatose state.

We trust the panel will affirm that in this nation, fundamental rights are also women’s rights – that agreement is personal, not given by another,” said Gisèle Pelicot’s attorney, Antoine Camus. “Consent is secured personally and not via a representative from a spouse.”

Background

The husband, one of the worst sex offenders in modern French history, was sentenced to two decades in prison last year for sedating his spouse and inviting multiple perpetrators to sexually assault her in her home in the community of the village of Mazan over a span of nearly ten years of their union.

Dozens of additional defendants were found culpable in a widely publicized trial last year, and the appellant was the only man to challenge his conviction. He was initially handed a term to 9 years in prison, a sentence raised on Thursday to a decade.

The state's attorney, the prosecutor, had contended he should serve twelve years, because he “absolutely refuses to take any blame”.

Courtroom Details

The defendant had initially sent the husband graphic images and then driven an hour from his residence in Provence to assault Gisèle Pelicot, after notifying his wife he was going out, the evidence indicated.

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

The courtroom became a central issue for a wider discussion on sexual violence norms in society as the defendant continued to say he was blameless and had not committed rape, arguing that because the victim's husband had welcomed him into the bedroom, his conduct had been acceptable.

The panel in the higher court was presented with video evidence of Gisèle Pelicot’s unconscious figure, unconscious and snoring in a deep sleep, while a smiling the perpetrator committed rape on several occasions over a timeframe of what police said was several hours. The judge said she had been at risk of death by suffocation. The prosecution said there was absolute certainty that she had been incapacitated and had not given permission.

Accused's Testimony

The defendant informed the court the footage were simply “intimate moments” and denied it was assault. 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 allowed him to the home, and therefore it was permissible. He said he was deceived by Dominique Pelicot. “I tried to halt,” the accused told the court. “I proceeded because he persuaded me.”

Asked if he wanted to make a final statement to the court, Dogan said: “I did not intend to hurt that woman.”

Pelicot's Words

The victim, who was applauded upon leaving court each day by onlookers gathered to stand with her, addressed the defendant in court: “You haven’t understood. When will you admit you raped me? It’s a crime to assault an incapacitated woman. When did I ever give you agreement? At no time.”

Gisèle Pelicot, 72, 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

The prosecutor, turning to the victim in court, said Dogan’s failure to take blame showed that: “Shame has not yet changed sides. Society is possibly in the process of that, possibly propelled by the collective awareness brought by the publication of your case.”

Sie said the defendant's claims of blamelessness showed how societal tolerance was still common in society as part of “old-fashioned” forms of “gender-based power”. He said: “We need to change the culture of violence to a society based on agreement.”

The prosecutor addressed the defendant: “For as much as you reject it, it’s not just a woman, it’s an entire unpleasant societal structure that you are supporting.”

Defendant's Background

Dogan was originated from the country of Turkey and at the age of 5 came to France, where his parent worked as a concierge. The evidence indicated that his father was violent and that Dogan began consuming marijuana aged ten. When he was seventeen he was apprehended by authorities for selling narcotics and his father forced him to leave the family house. He spent time in prison for drug dealing in his young adulthood and had worked as a laborer 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 wife worked in a institution's dining hall. The court heard his wife did not know he had repeated sexual encounters outside their marriage. His legal team said this was his way of coping with his stressful life. The defendant had stated to a court psychologist that once a year he engaged in paid sex on his birthday. His attorneys informed the court he had joint inflammation resulting from the pressure of the initial proceedings.