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An individual was convicted on appeal of raping Gisele Pelicot following she was sedated by her spouse – and received his incarceration period increased to ten years.

Higher Court Case

Husamettin Dogan, forty-four, an unemployed builder, who had contested his first conviction last year, underwent a new trial this week at the higher court in Nîmes.

A panel of nine jurors, sitting with three judges, found Dogan guilty on Thursday of raping Pelicot in her home in southern France in the early hours of 29 June 2019.

The testimony revealed that the accused, a family man, made contact with the victim's spouse, Dominique Pelicot, in an digital platform titled “without her knowledge”, where Pelicot was seeking men to enter his residence to rape his wife once he had drugged her into a unconscious state.

“We hope the court will say loud and clear that in this nation, fundamental rights are also rights of women – that agreement is individual, not delegated,” stated Gisèle Pelicot’s attorney, Antoine Camus. “Agreement is obtained personally and not via a representative from a spouse.”

Context

Dominique Pelicot, among the most severe sexual predators in modern French history, was sentenced to two decades in prison last year for drugging his then wife and soliciting numerous individuals to rape her in her home in the community of Mazan over a period of almost a decade of their marriage.

Fifty other men were found convicted in a notable trial last year, and the appellant was the only man to appeal against his verdict. He was initially sentenced to nine years in prison, a sentence raised on Thursday to a decade.

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

Courtroom Details

Dogan had initially sent the husband graphic images and then traveled an hour from his town in the region to rape Gisèle Pelicot, after notifying his wife he was going out, the evidence indicated.

Pelicot, who was brought from segregation in prison to briefly testify at the appeal trial, informed the court that Dogan had been aware his wife had been “drugged” and he said to men by phone: “I’m looking for someone to abuse my wife after I’ve rendered her unconscious unbeknownst to her.”

The proceedings became a focus point for a larger conversation on societal attitudes in society as the defendant continued to say he was innocent and had not perpetrated assault, contending that because Gisèle Pelicot’s husband had welcomed him into the bedroom, his conduct had been permissible.

The panel in the higher court was displayed visual proof of the victim's unresponsive form, comatose and breathing heavily in a deep sleep, while a grinning Dogan engaged in violation on several occasions over a duration of what investigators stated was three and a half hours. The court official said she had been at danger of fatal outcome by suffocation. The prosecution said there was no doubt that she had been incapacitated and had not consented.

Accused's Testimony

Dogan told the court the footage were simply “intimate moments” and disputed it was assault. He said what he did was “a sexual act”, not rape. He stated the court: “I never raped.” He said Gisèle Pelicot’s husband had invited him to the house, and therefore it was acceptable. He said he was deceived by Dominique Pelicot. “I tried to halt,” the accused stated to the court. “I carried on because he persuaded me.”

Inquired if he wanted to make a last words to the court, the defendant said: “I did not intend to injure that individual.”

Pelicot's Words

The victim, who was applauded upon departing the trial each day by onlookers assembled to back her, told the defendant in court: “You fail to comprehend. When will you acknowledge you raped me? It’s a crime to assault an unaware woman. At what point did I give you consent? At no time.”

The victim, 72, became an symbol of resistance after she waived her right to privacy in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

The prosecutor, turning to Gisèle Pelicot in court, said Dogan’s unwillingness to take blame showed that: “The shame remains. Society is possibly in the process of that, possibly propelled by the societal understanding spurred by the publication of your ordeal.”

Sie said the defendant's claims of blamelessness showed how rape culture was still common in society as part of “outdated” forms of “male domination”. He said: “It is imperative to change the culture of violence to a ethos of permission.”

Sie told Dogan: “As long as you refuse to admit it, it’s not just a woman, it’s an entire disturbing cultural framework that you are supporting.”

Defendant's Background

The accused was born in the country of Turkey and at the age of five relocated to France, where his father worked as a building manager. The evidence indicated that his parent was aggressive and that Dogan began smoking cannabis at the age of ten. When Dogan was seventeen he was stopped by police for selling narcotics and his father kicked him out the family house. He served time in prison for narcotics offenses in his early 20s and had worked as a laborer but had experienced periods of homelessness.

He was wed and had a son with special needs, who he was the primary guardian for, as his spouse worked in a educational cafeteria. The testimony revealed his wife did not know he had regular sexual encounters beyond their union. His legal team said this was his method of dealing with his challenging existence. The defendant had told a court psychologist that annually he engaged in paid sex on his birthday. His attorneys informed the court he had a medical condition resulting from the anxiety of the first trial.