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An individual has been found guilty on appeal of raping Gisele Pelicot following she was drugged unconscious by her husband – and has had his prison sentence increased to a decade.

Appeal Trial

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

A jury of five men and four women, joined by three judges, found Dogan guilty on Thursday of raping Pelicot in her residence in the south of France in the morning of 29 June 2019.

The testimony revealed that the accused, a family man, made contact with Gisèle Pelicot’s husband at the time, the husband, in an digital platform named “unbeknownst to her”, where the husband was looking for men to visit his house to assault his wife after he had rendered her unconscious into a unconscious state.

“We hope the jury will declare that in this society, human rights are also rights of women – that permission is personal, not transferred,” stated Gisèle Pelicot’s attorney, her legal representative. “Permission is secured directly and not via a representative from a spouse.”

Case History

Dominique Pelicot, one of the worst sexual predators in recent French history, was given a prison term to two decades in prison last year for incapacitating his then wife and inviting multiple perpetrators to rape her in her home in the Provence village of the village of Mazan over a span of almost a decade of their marriage.

Numerous other individuals were found guilty in a notable trial last year, and Dogan was the single defendant to challenge his conviction. He was initially given a sentence to 9 years in prison, a sentence increased on Thursday to a decade.

The state's attorney, the prosecutor, had stated he should serve 12 years, because he “completely denies to take any responsibility”.

Evidence Presented

The defendant had initially sent Dominique Pelicot inappropriate pictures and then driven an hour from his village in the region to rape the victim, after informing his wife he was going out, the court heard.

The ex-husband, who was transported from isolation in prison to briefly testify at the retrial, stated to the court that Dogan had been aware his wife had been “drugged” and he said to men by phone: “I seek someone to assault my wife after I’ve rendered her unconscious without her consent.”

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

The panel in the higher court was shown recorded footage of Gisèle Pelicot’s unresponsive form, unconscious and snoring in a deep sleep, while a grinning Dogan engaged in violation on several occasions over a period of what investigators stated was three and a half hours. The judge said she had been at peril of fatal outcome by choking. The state's case said there was absolute certainty that she had been unconscious and had not consented.

Defendant's Statements

Dogan informed the court the footage were simply “sexual encounters” and denied it was violation. He said what he did was “a sexual act”, not rape. He stated the court: “I am innocent of assault.” He said the victim's husband had invited him to the residence, and therefore it was OK. He said he was manipulated by the husband. “I tried to halt,” the accused told the court. “I continued because he reassured me.”

Asked if he wanted to make a closing remarks to the court, Dogan said: “I had no desire to harm that individual.”

Victim's Response

The survivor, who was cheered upon leaving court each day by crowds assembled to back her, said to Dogan in court: “You haven’t understood. When will you admit you raped me? It is unlawful to assault an incapacitated woman. How could I have give you permission? At no time.”

Gisèle Pelicot, seventy-two, became an global icon after she waived her right to privacy in the trial last year when she said: “Shame must change sides.”

State's Argument

Sie, turning to Gisèle Pelicot in court, said Dogan’s unwillingness to take accountability showed that: “Shame has not yet changed sides. The community is possibly in the process of that, maybe driven by the public consciousness resulting from the revelation of your situation.”

Sie said the defendant's claims of innocence showed how rape culture was still common in society as part of “old-fashioned” forms of “male domination”. He said: “We need to change rape culture to a culture of consent.”

The prosecutor said to the defendant: “For as much as you deny it, it’s not just a person, it’s an whole unpleasant societal structure that you are upholding.”

Personal History

The accused was originated from Turkey and at the age of five relocated to France, where his father worked as a caretaker. The testimony revealed that his parent was abusive and that Dogan began using drugs aged 10. When Dogan was 17 he was caught by police for dealing drugs and his parent forced him to leave the family house. He served time in prison for trafficking in his early 20s and had worked as a laborer 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 wife worked in a school canteen. The testimony revealed his spouse did not know he had repeated sexual encounters outside their union. His legal team said this was his way of coping with his challenging existence. Dogan had stated to a court psychologist that annually he looked for paid sex on his special day. His legal representatives stated to the court he had joint inflammation caused by the stress of the first trial.