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A man was declared guilty on appeal of raping Gisele Pelicot following she was sedated by her spouse – and has had his jail term increased to a decade.

Higher Court Case

Husamettin Dogan, 44, an out-of-work construction worker, who had contested his first conviction last year, faced a new trial this week at the Nîmes court of appeal.

A jury of five men and four women, accompanied by three judges, ruled against Dogan on Thursday of raping the victim in her home in Provence in the early hours of 29 June 2019.

The evidence showed that the accused, a married father, made contact with Gisèle Pelicot’s then husband, Dominique Pelicot, in an online chatroom named “without her knowledge”, where the husband was seeking men to enter his residence to rape his wife after he had sedated her into a comatose state.

We expect the panel will affirm that in this country, fundamental rights are also women’s rights – that consent is personal, not given by another,” said Gisèle Pelicot’s attorney, Antoine Camus. “Agreement is obtained personally and not by proxy from a spouse.”

Background

The ex-husband, a notorious sexual predators in recent French history, was handed a sentence to twenty years in prison last year for drugging his spouse and inviting dozens of men to sexually assault her in her home in the community of Mazan over a period of almost a decade of their marriage.

Numerous other individuals were found culpable in a notable trial last year, and Dogan was the only man to appeal against his verdict. He was initially sentenced to 9 years in prison, a sentence raised on Thursday to a decade.

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

Evidence Presented

Dogan had initially sent Dominique Pelicot inappropriate pictures and then driven an hour from his town in Provence to rape Gisèle Pelicot, after telling his wife he was leaving, the evidence indicated.

The ex-husband, who was brought from segregation in prison to briefly testify at the retrial, stated to the court that the accused had understood his wife had been “sedated” and he told to men by phone: “I’m looking for someone to assault my wife after I’ve rendered her unconscious without her consent.”

The trial became a central issue for a wider discussion on rape culture in society as Dogan continued to say he was not guilty and had not engaged in violation, arguing that because Gisèle Pelicot’s husband had welcomed him into the bedroom, his conduct had been acceptable.

The jury in the higher court was presented with video evidence of the victim's limp body, comatose and snoring in a deep sleep, while a grinning Dogan committed rape multiple times over a period of what investigators stated was several hours. The judge said she had been at danger of death by suffocation. The state prosecution said there was no question that she had been unaware and had not consented.

Dogan's Claims

The defendant informed the court the videos were simply “sex scenes” and denied it was violation. He said what he did was “a sexual act”, not rape. He told the court: “I never raped.” He said the victim's husband had brought him to the home, and therefore it was OK. He said he was influenced by the husband. “I wanted to stop,” the accused informed the court. “I proceeded because he convinced me.”

Asked if he wanted to make a final statement to the court, the defendant said: “I had no desire to hurt that individual.”

Pelicot's Words

Gisèle Pelicot, who was cheered upon departing the trial each day by crowds present to support her, addressed Dogan in court: “You haven’t understood. When will you admit you raped me? It’s a crime to rape an incapacitated woman. How could I have give you consent? Not once.”

Gisèle Pelicot, seventy-two, became an symbol of resistance after she gave up her right to privacy in the trial last year when she said: “Shame must change sides.”

State's Argument

The prosecutor, speaking to Gisèle Pelicot in court, said the defendant's refusal to take accountability showed that: “Guilt has not shifted. The public is perhaps in the midst of that, maybe driven by the collective awareness spurred by the publication of your ordeal.”

Sie said Dogan’s claims of non-guilt showed how societal tolerance was still prevalent in society as part of “archaic” forms of “patriarchal control”. He said: “We need to change the culture of violence to a culture of consent.”

Sie told the defendant: “For as much as you refuse to admit it, it’s not just a individual, it’s an entire sordid societal structure that you are upholding.”

Personal History

The accused was born in Turkey and at the age of 5 moved to France, where his parent worked as a concierge. The testimony revealed that his parent was aggressive and that Dogan began using drugs aged ten. When Dogan was 17 he was caught by police for drug trafficking and his parent evicted him the family house. He spent time in prison for trafficking in his twenties and had worked as a builder but had undergone periods of living on the streets.

He was married and had a son with Down’s syndrome, who he was the primary guardian for, as his wife worked in a institution's dining hall. The testimony revealed his spouse did not know he had frequent intimate relations beyond their marriage. His legal team said this was his method of dealing with his challenging existence. Dogan had informed a mental health expert that once a year he engaged in paid sex on his birthday. His lawyers told the court he had arthritis resulting from the stress of the initial proceedings.