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A man was declared guilty on appeal of raping Gisele Pelicot following she was drugged unconscious by her spouse – and received his prison sentence increased to 10 years.

Higher Court Case

Husamettin Dogan, forty-four, an unemployed builder, who had appealed his first conviction last year, faced a appeal hearing this week at the higher court in Nîmes.

A jury of four women and five men, sitting with three judges, ruled against Dogan on Thursday of sexually assaulting the victim in her bedroom in southern France in the morning of 29 June 2019.

The testimony revealed that Dogan, a married father, reached out to the victim's then husband, Dominique Pelicot, in an digital platform titled “without her consent”, where Pelicot was seeking men to visit his house to assault his wife after he had rendered her unconscious into a deep sleep.

We expect the jury will declare that in this nation, fundamental rights are also women’s rights – that permission is personal, not given by another,” said Gisèle Pelicot’s lawyer, Antoine Camus. “Consent is received personally and not through someone else from a spouse.”

Context

Dominique Pelicot, among the most severe sex offenders in recent French history, was handed a sentence to 20 years in prison last year for incapacitating his spouse and soliciting multiple perpetrators to sexually assault her in her home in the community of Mazan over a duration of many years of their marriage.

Dozens of additional defendants were found culpable in a notable trial last year, and the appellant was the single defendant to appeal against his verdict. He was first given a sentence to nine years in prison, a penalty increased on Thursday to a decade.

The state's attorney, Dominique Sie, had contended he should serve 12 years, because he “completely denies to take any blame”.

Testimony and Proof

Dogan had first sent the husband sexually explicit photos and then traveled an hour from his village in the region to assault Gisèle Pelicot, after notifying his wife he was stepping out, the testimony revealed.

The ex-husband, who was transported from segregation in prison to briefly give evidence at the appeal trial, informed the court that Dogan had known his wife had been “incapacitated” and he communicated to men by phone: “I seek someone to abuse my wife after I’ve rendered her unconscious without her knowledge.”

The proceedings became a focus point for a larger conversation on rape culture in society as the defendant continued to say he was not guilty and had not committed rape, contending that because the victim's husband had welcomed him into the room, his behavior had been permissible.

The jury in the higher court was displayed video evidence of Gisèle Pelicot’s unresponsive form, sedated and snoring in a comatose state, while a smiling the perpetrator committed rape on several occasions over a timeframe of what investigators stated was 3.5 hours. The presiding judge said she had been at danger of death by asphyxiation. The prosecution said there was no doubt that she had been incapacitated and had not given permission.

Defendant's Statements

The defendant informed the court the videos were simply “sex scenes” and rejected it was violation. He said what he did was “a sexual act”, not assault. He told the court: “I never raped.” He said the victim's husband had allowed him to the house, and therefore it was OK. He said he was manipulated by Dominique Pelicot. “I wanted to stop,” the accused told the court. “I continued because he reassured me.”

Inquired if he wanted to make a closing remarks to the court, Dogan said: “I did not intend to injure that individual.”

Survivor's Statement

The survivor, who was cheered upon exiting the courtroom each day by onlookers gathered to support her, said to Dogan in court: “You do not grasp. When will you acknowledge you violated me? It’s a crime to rape an incapacitated woman. How could I have give you agreement? At no time.”

Gisèle Pelicot, seventy-two, became an international feminist hero after she relinquished her right to privacy in the trial last year when she said: “The shame should shift.”

Prosecutor's Remarks

The prosecutor, addressing the victim in court, said Dogan’s failure to take accountability showed that: “The shame remains. Society is perhaps in the midst of that, possibly propelled by the societal understanding resulting from the revelation of your ordeal.”

The prosecutor said the defendant's claims of non-guilt showed how rape culture was still prevalent in society as part of “archaic” forms of “patriarchal control”. He said: “Now we must change rape culture to a ethos of permission.”

Sie said to the defendant: “While you refuse to admit it, it’s not just a woman, it’s an complete sordid social system that you are supporting.”

Biographical Details

Dogan was born in Turkey and at the age of five relocated to France, where his father worked as a concierge. The evidence indicated that his parent was aggressive and that the defendant began using drugs at the age of 10. When he was 17 he was apprehended by police for selling narcotics and his parent evicted him the family house. He spent time in prison for drug dealing in his young adulthood and had worked as a construction worker but had experienced periods of living on the streets.

He was married and had a child with special needs, who he was the main caregiver for, as his wife worked in a educational cafeteria. The evidence showed his wife did not know he had frequent extramarital activities outside their marriage. His defence said this was his way of coping with his difficult circumstances. The defendant had told a court psychologist that once a year he looked for transactional encounters on his special day. His attorneys told the court he had a medical condition caused by the pressure of the initial proceedings.