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An individual was convicted on appeal of raping Gisèle Pelicot after she was sedated by her spouse – and has had his prison sentence extended to ten years.

Higher Court Case

Husamettin Dogan, forty-four, an out-of-work construction worker, who had appealed his first conviction last year, underwent a retrial this week at the Nîmes court of appeal.

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

The testimony revealed that Dogan, a family man, reached out to Gisèle Pelicot’s husband at the time, Dominique Pelicot, in an online chatroom named “without her consent”, where Pelicot was looking for men to enter his residence to assault his wife once he had sedated her into a deep sleep.

“We hope the panel will say loud and clear that in this nation, fundamental rights are also rights of women – that consent is personal, not delegated,” stated the victim's attorney, her legal representative. “Permission is secured personally and not via a representative from a husband.”

Background

Dominique Pelicot, one of the worst sexual predators in modern French history, was sentenced to 20 years in prison last year for drugging his then wife and soliciting multiple perpetrators to rape her in her home in the community of Mazan over a span of almost a decade of their union.

Numerous other individuals were found convicted in a high-profile trial last year, and the appellant was the single defendant to appeal against his sentence. He was first sentenced to nine years in prison, a penalty enhanced on Thursday to a decade.

The lead state prosecutor, the prosecutor, had argued he should serve twelve years, because he “stubbornly rejects to take any responsibility”.

Testimony and Proof

Dogan had initially sent the husband graphic images and then driven an hour from his town in the region to rape Gisèle Pelicot, after informing his wife he was stepping out, the testimony revealed.

Pelicot, who was transported from isolation in prison to temporarily testify at the appeal trial, stated to the court that the accused had been aware his wife had been “sedated” and he said to men by phone: “I want someone to violate my wife after I’ve rendered her unconscious unbeknownst to her.”

The courtroom became a key topic for a larger conversation on sexual violence norms in society as the defendant continued to assert he was not guilty and had not perpetrated assault, arguing that because Gisèle Pelicot’s husband had allowed him into the bedroom, his behavior had been justifiable.

The jury in the higher court was presented with visual proof of Gisèle Pelicot’s unconscious figure, comatose and breathing heavily in a comatose state, while a smiling Dogan committed rape multiple times over a period of what police said was 3.5 hours. The court official said she had been at danger of death by choking. The state's case said there was absolute certainty that she had been unconscious and had not given permission.

Dogan's Claims

The defendant stated to the court the footage were simply “sex scenes” and disputed it was violation. He said what he did was “a sexual act”, not assault. He stated the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had allowed him to the residence, and therefore it was OK. He said he was influenced by the husband. “I attempted to cease,” the accused told the court. “I carried on because he reassured me.”

Inquired if he wanted to make a final statement to the court, Dogan said: “I never wanted to injure that lady.”

Victim's Response

The victim, who was cheered upon exiting the courtroom each day by crowds gathered to stand with her, addressed Dogan in court: “You do not grasp. When will you acknowledge you assaulted me? It’s a crime to assault an incapacitated woman. How could I have give you consent? Not once.”

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.”

Legal Commentary

The prosecutor, addressing the victim in court, said the defendant's refusal to take responsibility showed that: “Guilt has not shifted. The community is possibly in the process of that, possibly motivated by the public consciousness spurred by the revelation of your situation.”

The prosecutor said the defendant's claims of innocence showed how normalized violence was still common in society as part of “outdated” forms of “male domination”. He said: “Now we must change the culture of violence to a culture of consent.”

Sie addressed Dogan: “For as much as you reject it, it’s not just a person, it’s an entire sordid social system that you are endorsing.”

Personal History

Dogan was originated from Turkey and at the age of five came to France, where his father worked as a building manager. The court heard that his father was aggressive and that the defendant began smoking cannabis at the age of ten. When he was 17 he was stopped by authorities for dealing drugs and his father evicted him the residence. He served time in prison for drug dealing in his twenties and had worked as a construction worker but had faced periods of homelessness.

He was married and had a son with special needs, who he was the main caregiver for, as his wife worked in a school canteen. The court heard his wife did not know he had frequent extramarital activities outside their union. His legal team said this was his way of coping with his stressful life. Dogan had informed a evaluator that annually he looked for transactional encounters on his special day. His legal representatives stated to the court he had arthritis triggered by the anxiety of the original case.