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An individual was convicted on appeal of raping Gisèle Pelicot following she was drugged unconscious by her spouse – and was given his prison sentence extended to ten years.

Higher Court Case

Husamettin Dogan, 44, an unemployed builder, who had contested his first conviction last year, underwent a retrial this week at the higher court in Nîmes.

A jury of nine jurors, sitting with three judges, found Dogan guilty on Thursday of raping the victim in her bedroom in southern France in the early hours of 29 June 2019.

The testimony revealed that Dogan, a married father, connected with the victim's then husband, the husband, in an digital platform titled “unbeknownst to her”, where Pelicot was looking for men to come to his home to rape his wife once he had rendered her unconscious into a unconscious state.

We trust the court will declare that in this country, human rights are also rights of women – that agreement is individual, not transferred,” stated Gisèle Pelicot’s lawyer, Antoine Camus. “Agreement is secured personally and not by proxy from a spouse.”

Case History

Dominique Pelicot, one of the worst sex offenders in France's contemporary records, was sentenced to two decades in prison last year for sedating his spouse and bringing in dozens of men to sexually assault her in her home in the town of Mazan over a duration of nearly ten years of their marriage.

Dozens of additional defendants were found convicted in a high-profile trial last year, and the appellant was the only man to contest his conviction. He was initially handed a term to nine years in prison, a penalty raised on Thursday to ten years.

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

Evidence Presented

Dogan had initially sent the husband graphic images and then traveled an hour from his residence in Provence to rape the victim, after telling his wife he was leaving, the testimony revealed.

Pelicot, who was transported from isolation in prison to briefly testify at the hearing, stated to the court that Dogan had understood his wife had been “incapacitated” and he told to men by phone: “I’m looking for someone to abuse my wife after I’ve sedated her without her knowledge.”

The trial became a central issue for a larger conversation on sexual violence norms in society as the defendant continued to claim he was innocent and had not committed rape, stating that because Gisèle Pelicot’s husband had welcomed him into the residence, his conduct had been acceptable.

The jury in the Nîmes appeals court was shown recorded footage of the victim's unresponsive form, comatose and breathing heavily in a deep sleep, while a grinning the perpetrator engaged in violation multiple times over a period of what police said was 3.5 hours. The court official said she had been at danger of fatal outcome by choking. The state prosecution said there was no question that she had been incapacitated and had not consented.

Accused's Testimony

Dogan told the court the recordings were simply “sex scenes” and denied it was rape. He said what he did was “an intimate behavior”, not assault. He stated the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had invited him to the home, and therefore it was permissible. He said he was deceived by the husband. “I attempted to cease,” the accused told the court. “I carried on because he persuaded me.”

Questioned if he wanted to make a closing remarks to the court, Dogan said: “I never wanted to harm that woman.”

Survivor's Statement

The survivor, who was supported upon leaving court each day by crowds present to back her, told Dogan in court: “You fail to comprehend. When will you admit you violated me? It is illegal to rape an unaware woman. When did I ever give you consent? Never.”

Gisèle Pelicot, 72, became an international feminist hero after she waived her right to privacy in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

The prosecutor, speaking to Gisèle Pelicot in court, said Dogan’s unwillingness to take blame showed that: “Guilt has not shifted. The public is perhaps in the midst of that, maybe driven by the public consciousness brought by the exposure of your situation.”

Sie said Dogan’s claims of innocence showed how societal tolerance was still common in society as part of “archaic” forms of “male domination”. He said: “It is imperative to change the culture of violence to a ethos of permission.”

The prosecutor said to the defendant: “While you deny it, it’s not just a person, it’s an complete unpleasant societal structure that you are endorsing.”

Personal History

The accused was born in Turkey and at the age of five moved to France, where his father worked as a concierge. The testimony revealed that his parent was violent and that the defendant began using drugs at the age of 10. When he was 17 he was stopped by police for drug trafficking and his parent kicked him out of home. He spent time in prison for drug dealing in his young adulthood and had worked as a construction worker but had undergone periods of being unhoused.

He was married and had a child with special needs, who he was the main caregiver for, as his spouse worked in a institution's dining hall. The testimony revealed his wife did not know he had regular extramarital activities beyond their marriage. His legal team said this was his way of coping with his stressful life. The defendant had stated to a mental health expert that annually he looked for commercial sex on his special day. His legal representatives told the court he had arthritis resulting from the anxiety of the original case.