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A man has been found guilty on appeal of raping Gisele Pelicot after she was drugged unconscious by her then-husband – and was given his prison sentence extended to 10 years.

Retrial Proceedings

Husamettin Dogan, forty-four, an unemployed builder, who had contested his first conviction last year, underwent a retrial this week at the Nîmes court of appeal.

A jury of four women and five men, accompanied by three judges, ruled against Dogan on Thursday of raping the victim in her bedroom in the south of France in the morning of June 29, 2019.

The testimony revealed that the accused, a married father, connected with Gisèle Pelicot’s husband at the time, the husband, in an digital platform titled “without her consent”, where Pelicot was seeking men to come to his home to rape his wife once he had rendered her unconscious into a comatose state.

“We hope the panel will affirm that in this nation, fundamental rights are also women’s rights – that agreement is personal, not given by another,” said Gisèle Pelicot’s lawyer, her legal representative. “Agreement is obtained directly and not through someone else from a husband.”

Background

The husband, a notorious sex offenders in France's contemporary records, was given a prison term to twenty years in prison last year for sedating his spouse and bringing in dozens of men to sexually assault her in her home in the Provence village of Mazan over a span of many years of their union.

Numerous other individuals were found convicted in a notable trial last year, and Dogan was the sole individual to contest his conviction. He was originally handed a term to 9 years in prison, a punishment increased on Thursday to 10 years.

The chief prosecutor, Dominique Sie, had stated he should serve 12 years, because he “completely denies to take any responsibility”.

Evidence Presented

The defendant had initially sent Dominique Pelicot sexually explicit photos and then driven an hour from his town in the region to rape Gisèle Pelicot, after informing his wife he was leaving, the court heard.

Pelicot, who was transported from segregation in prison to temporarily provide testimony 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 abuse my wife after I’ve sedated her unbeknownst to her.”

The trial became a key topic for a broader debate on rape culture in society as Dogan continued to assert he was innocent and had not committed rape, arguing that because the victim's husband had allowed him into the room, his behavior had been permissible.

The jury in the higher court was presented with visual proof of the victim's unconscious figure, comatose and breathing heavily in a unconscious condition, while a smiling Dogan engaged in violation on several occasions over a duration of what investigators stated was several 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 consented.

Dogan's Claims

The defendant stated to the court the footage were simply “intimate moments” and denied it was assault. He said what he did was “a sexual act”, not assault. He told the court: “I never raped.” He said Gisèle Pelicot’s husband had allowed him to the house, and therefore it was acceptable. He said he was deceived by Dominique Pelicot. “I wanted to stop,” Dogan told the court. “I carried on because he reassured me.”

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

Victim's Response

Gisèle Pelicot, who was supported upon exiting the courtroom each day by crowds gathered to back her, told Dogan in court: “You do not grasp. When will you acknowledge you raped me? It is illegal to rape an unconscious woman. How could I have give you agreement? 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: “Guilt ought to transfer.”

State's Argument

The prosecutor, addressing the victim in court, said Dogan’s failure to take accountability showed that: “The shame remains. The community is possibly in the midst of that, maybe motivated by the public consciousness resulting from the revelation of your situation.”

Sie said Dogan’s claims of non-guilt showed how societal tolerance was still prevalent in society as part of “archaic” forms of “gender-based power”. He said: “It is imperative to change the culture of violence to a ethos of permission.”

The prosecutor addressed Dogan: “For as much as you refuse to admit it, it’s not just a woman, it’s an complete sordid social system that you are upholding.”

Defendant's Background

Dogan was originated from the country of Turkey and at the age of 5 came to the nation of France, where his father worked as a concierge. The evidence indicated that his father was abusive and that the defendant began smoking cannabis at the age of 10. When he was 17 he was caught by authorities for dealing drugs and his father evicted him the family house. He spent time in prison for trafficking in his early 20s and had worked as a builder but had faced periods of homelessness.

He was married and had a son with special needs, who he was the principal carer for, as his spouse worked in a institution's dining hall. The evidence showed his wife did not know he had frequent intimate relations outside their union. His legal team said this was his method of dealing with his difficult circumstances. The defendant had stated to a court psychologist that once a year he looked for transactional encounters on his birthday. His lawyers told the court he had a medical condition triggered by the pressure of the initial proceedings.