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A defendant has been found guilty on appeal of raping Gisèle Pelicot after she was sedated by her husband – and has had his jail term increased to a decade.

Appeal Trial

Husamettin Dogan, forty-four, an unemployed builder, who had challenged his first conviction last year, experienced a retrial this week at the appeals court in Nîmes.

A jury of nine jurors, joined by three judges, ruled against Dogan on Thursday of raping the victim in her residence in Provence in the morning of 29 June 2019.

The testimony revealed that the accused, a family man, connected with Gisèle Pelicot’s husband at the time, the husband, in an internet forum named “without her knowledge”, where the husband was looking for men to enter his residence to assault his wife once he had rendered her unconscious into a unconscious state.

We trust the panel will declare that in this country, fundamental rights are also women’s rights – that agreement is individual, not delegated,” declared the victim's attorney, her legal representative. “Permission is obtained directly and not via a representative from a husband.”

Background

Dominique Pelicot, among the most severe sexual predators in France's contemporary records, was sentenced to two decades in prison last year for drugging his wife at the time and bringing in dozens of men to sexually assault her in her home in the town of Mazan over a span of almost a decade of their union.

Dozens of additional defendants were found culpable in a widely publicized trial last year, and Dogan was the sole individual to appeal against his verdict. He was originally handed a term to nine years in prison, a punishment enhanced on Thursday to a decade.

The state's attorney, Dominique Sie, had contended he should serve twelve years, because he “absolutely refuses to take any responsibility”.

Testimony and Proof

The defendant had initially sent the husband graphic images and then driven an hour from his residence in Provence to rape the victim, after informing his wife he was stepping out, the testimony revealed.

The ex-husband, who was brought from isolation in prison to briefly give evidence at the hearing, stated to the court that Dogan had been aware his wife had been “incapacitated” and he told to men by phone: “I’m looking for someone to violate my wife after I’ve put her to sleep without her consent.”

The proceedings became a key topic for a wider discussion on rape culture in society as the defendant continued to assert he was not guilty and had not perpetrated assault, stating that because the victim's husband had welcomed him into the residence, his actions had been acceptable.

The jury in the Nîmes appeals court was displayed recorded footage of Gisèle Pelicot’s unresponsive form, unconscious and snoring in a deep sleep, while a grinning the perpetrator committed rape multiple times over a timeframe of what police said was several hours. The court official said she had been at risk of fatal outcome by asphyxiation. The state's case said there was no doubt that she had been incapacitated and had not agreed.

Defendant's Statements

Dogan stated to 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 did not commit rape.” He said the victim's husband had allowed him to the house, and therefore it was permissible. He said he was manipulated by the husband. “I attempted to cease,” Dogan told the court. “I carried on because he reassured me.”

Inquired if he wanted to make a closing remarks to the court, the defendant said: “I never wanted to harm that woman.”

Survivor's Statement

Gisèle Pelicot, who was applauded upon exiting the courtroom each day by crowds assembled to stand with her, told Dogan in court: “You fail to comprehend. When will you admit you violated me? It’s a crime to rape an unaware woman. When did I ever give you permission? Not once.”

Gisèle Pelicot, 72, became an international feminist hero after she relinquished her right to confidentiality in the trial last year when she said: “Shame must change sides.”

Legal Commentary

Sie, addressing Gisèle Pelicot in court, said Dogan’s failure to take responsibility showed that: “The shame remains. The community is maybe in the process of that, possibly driven by the societal understanding resulting from the exposure of your case.”

Sie said Dogan’s claims of innocence showed how normalized violence was still common in society as part of “old-fashioned” forms of “patriarchal control”. He said: “We need to change rape culture to a ethos of permission.”

The prosecutor addressed Dogan: “For as much as you deny it, it’s not just a woman, it’s an entire unpleasant social system that you are upholding.”

Defendant's Background

Dogan was originated from the country of Turkey and at the age of five came to France, where his father worked as a concierge. The evidence indicated that his father was aggressive and that the defendant began using drugs aged ten. When he was seventeen he was caught by authorities for selling narcotics and his father forced him to leave of home. He served time in prison for narcotics offenses in his early 20s and had worked as a builder but had faced periods of homelessness.

He was married and had a child with a genetic condition, who he was the principal carer for, as his spouse worked in a school canteen. The court heard his wife did not know he had regular intimate relations outside their marriage. His legal team said this was his strategy for managing with his challenging existence. Dogan had informed a mental health expert that each year he engaged in transactional encounters on his special day. His legal representatives informed the court he had joint inflammation resulting from the anxiety of the first trial.