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An individual was convicted on appeal of raping Gisèle Pelicot following she was sedated by her then-husband – and was given his incarceration period raised to a decade.

Higher Court Case

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

A jury of five men and four women, sitting with three judges, convicted Dogan on Thursday of raping the victim in her home in southern France in the early hours of 29 June 2019.

The testimony revealed that Dogan, a married father, reached out to the victim's husband at the time, the husband, in an digital platform named “unbeknownst to her”, where Pelicot was recruiting men to enter his residence to rape his wife after he had drugged her into a unconscious state.

“We hope the court will affirm that in this society, fundamental rights are also women’s rights – that consent is personal, not delegated,” said Gisèle Pelicot’s attorney, her legal representative. “Agreement is secured personally and not via a representative from a spouse.”

Context

Dominique Pelicot, among the most severe sex offenders in recent French history, was handed a sentence 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 community of Mazan over a period of many years of their union.

Numerous other individuals were found convicted in a widely publicized trial last year, and the appellant was the sole individual to challenge his conviction. He was originally given a sentence to 9 years in prison, a sentence enhanced on Thursday to ten years.

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

Evidence Presented

Dogan had first sent the husband inappropriate pictures and then traveled an hour from his village in the region to assault Gisèle Pelicot, after informing his wife he was going out, the court heard.

Pelicot, who was brought from segregation in prison to briefly give evidence at the appeal trial, stated to the court that the accused had been aware his wife had been “drugged” and he said to men by phone: “I’m looking for someone to violate my wife after I’ve sedated her unbeknownst to her.”

The courtroom became a central issue for a wider discussion on sexual violence norms in society as the defendant continued to claim he was not guilty and had not committed rape, arguing that because Gisèle Pelicot’s husband had allowed him into the bedroom, his conduct had been justifiable.

The jury in the Nîmes appeals court was presented with video evidence of Gisèle Pelicot’s unresponsive form, unconscious and breathing heavily in a unconscious condition, while a smiling Dogan committed rape on several occasions over a duration of what police said was three and a half hours. The presiding judge said she had been at danger of death by asphyxiation. The state prosecution said there was no doubt that she had been unconscious and had not agreed.

Defendant's Statements

The defendant told the court the recordings were simply “sex scenes” and disputed it was rape. He said what he did was “an intimate behavior”, not rape. He told the court: “I never raped.” He said the victim's husband had invited him to the residence, and therefore it was OK. He said he was manipulated by Dominique Pelicot. “I attempted to cease,” Dogan informed the court. “I continued because he persuaded me.”

Asked if he wanted to make a last words to the court, the defendant said: “I did not intend to injure that individual.”

Pelicot's Words

The victim, who was supported upon departing the trial each day by supporters assembled to support her, addressed the defendant in court: “You do not grasp. When will you acknowledge you violated me? It is illegal to rape an unconscious woman. When did I ever give you consent? Never.”

The victim, 72, became an symbol of resistance after she relinquished her right to privacy in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

Sie, turning to Gisèle Pelicot in court, said Dogan’s refusal to take accountability showed that: “The shame remains. The public is possibly in the midst of that, possibly driven by the collective awareness resulting from the exposure of your case.”

The prosecutor said Dogan’s claims of non-guilt showed how rape culture was still common in society as part of “old-fashioned” forms of “gender-based power”. He said: “We need to change rape culture to a culture of consent.”

Sie told Dogan: “While you refuse to admit it, it’s not just a individual, it’s an whole unpleasant cultural framework that you are endorsing.”

Biographical Details

Dogan was born in Turkey and at the age of five relocated to France, where his father worked as a concierge. The court heard that his parent was aggressive and that Dogan began smoking cannabis at the age of 10. When he was 17 he was apprehended by authorities for drug trafficking and his father forced him to leave the residence. He served time in prison for drug dealing in his young adulthood and had worked as a construction worker but had faced periods of living on the streets.

He was married and had a child with special needs, who he was the primary guardian for, as his spouse worked in a educational cafeteria. The evidence showed his spouse did not know he had repeated intimate relations outside their union. His legal team said this was his way of coping with his stressful life. Dogan had told a court psychologist that each year he engaged in transactional encounters on his birthday. His lawyers stated to the court he had a medical condition triggered by the anxiety of the initial proceedings.