🔗 Share this article

A man was convicted on appeal of raping Gisèle Pelicot after she was sedated by her then-husband – and received his jail term raised to ten years.

Appeal Trial

Husamettin Dogan, 44, an out-of-work construction worker, who had appealed his initial guilty verdict last year, experienced a appeal hearing this week at the appeals court in Nîmes.

A jury of nine jurors, joined by three judges, convicted Dogan on Thursday of raping the victim in her home in the south of France in the morning of 29 June 2019.

The court heard that Dogan, a married father, made contact with the victim's husband at the time, Dominique Pelicot, in an digital platform called “without her consent”, where Pelicot was recruiting men to visit his house to rape his wife after he had drugged her into a deep sleep.

We trust the jury will declare that in this society, human rights are also rights of women – that agreement is individual, not transferred,” stated Gisèle Pelicot’s lawyer, her legal representative. “Consent is received directly and not through someone else from a husband.”

Background

The husband, a notorious sexual predators in France's contemporary records, was handed a sentence to twenty years in prison last year for sedating his spouse and bringing in dozens of men to rape her in her home in the Provence village of Mazan over a span of almost a decade of their marriage.

Numerous other individuals were found convicted in a high-profile trial last year, and Dogan was the only man to challenge his conviction. He was first given a sentence to nine years in prison, a sentence raised on Thursday to ten years.

The lead state prosecutor, the prosecutor, had argued he should serve 12 years, because he “absolutely refuses to take any responsibility”.

Testimony and Proof

The defendant had first sent the husband graphic images and then traveled an hour from his village in Provence to rape the victim, after telling his wife he was going out, the court heard.

The ex-husband, who was brought from segregation in prison to briefly provide testimony at the appeal trial, informed the court that the accused had known his wife had been “sedated” and he said to men by phone: “I’m looking for someone to abuse my wife after I’ve rendered her unconscious without her consent.”

The trial became a focus point for a wider discussion on sexual violence norms in society as Dogan continued to assert he was not guilty and had not committed rape, arguing that because Gisèle Pelicot’s husband had allowed him into the room, his behavior had been justifiable.

The panel in the higher court was presented with recorded footage of Gisèle Pelicot’s unresponsive form, comatose and breathing heavily in a unconscious condition, while a smiling the perpetrator performed assault on several occasions over a duration of what authorities reported was three and a half hours. The court official said she had been at risk of death by asphyxiation. The state 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 “sex scenes” and denied it was assault. He said what he did was “a sexual act”, not assault. 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 permissible. He said he was influenced by the husband. “I tried to halt,” Dogan told the court. “I proceeded because he persuaded me.”

Asked if he wanted to make a closing remarks to the court, Dogan said: “I did not intend to hurt that lady.”

Victim's Response

Gisèle Pelicot, who was applauded upon leaving court each day by crowds gathered to support her, addressed the defendant in court: “You do not grasp. When will you admit you violated me? It is unlawful to rape an incapacitated woman. At what point did I give you consent? Not once.”

Gisèle Pelicot, seventy-two, became an global icon after she relinquished her right to anonymity in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

The prosecutor, addressing Gisèle Pelicot in court, said the defendant's unwillingness to take blame showed that: “Shame has not yet changed sides. Society is maybe in the midst of that, perhaps driven by the public consciousness brought by the revelation of your case.”

The prosecutor said Dogan’s claims of non-guilt showed how normalized violence was still common in society as part of “archaic” forms of “male domination”. He said: “We need to change the culture of violence to a ethos of permission.”

The prosecutor said to the defendant: “As long as you refuse to admit it, it’s not just a individual, it’s an complete sordid social system that you are upholding.”

Defendant's Background

The accused was originated from the country of Turkey and at the age of five relocated to the nation of France, where his parent worked as a caretaker. The testimony revealed that his father was violent and that the defendant began smoking cannabis at the age of 10. When Dogan was seventeen he was stopped by authorities for drug trafficking and his father evicted him the residence. 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 a genetic condition, 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 beyond their marriage. His defence said this was his method of dealing with his challenging existence. Dogan had told a court psychologist that each year he looked for transactional encounters on his birthday. His lawyers told the court he had a medical condition triggered by the stress of the first trial.