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A defendant was declared guilty on higher court review of raping Gisele Pelicot after she was sedated by her then-husband – and received his jail term increased to a decade.

Appeal Trial

Husamettin Dogan, 44, an out-of-work construction worker, who had appealed his first conviction last year, faced a appeal hearing this week at the appeals court in Nîmes.

A panel of five men and four women, sitting with three judges, found Dogan guilty on Thursday of sexually assaulting Pelicot in her bedroom in Provence in the morning of 29 June 2019.

The evidence showed that Dogan, a family man, made contact with Gisèle Pelicot’s then husband, Dominique Pelicot, in an digital platform named “without her consent”, where Pelicot was looking for men to visit his house to assault his wife once he had sedated her into a deep sleep.

We expect the jury will say loud and clear that in this society, human rights are also women’s rights – that permission is personal, not given by another,” declared Gisèle Pelicot’s attorney, her legal representative. “Consent is received directly and not via a representative from a husband.”

Case History

Dominique Pelicot, a notorious sexual predators in France's contemporary records, was handed a sentence to 20 years in prison last year for drugging his then wife and inviting dozens of men to rape her in her home in the Provence village of the village of Mazan over a duration of many years of their marriage.

Numerous other individuals were found culpable in a widely publicized trial last year, and the appellant was the single defendant to contest his sentence. He was first given a sentence to 9 years in prison, a penalty increased on Thursday to 10 years.

The chief prosecutor, the prosecutor, had stated he should serve twelve years, because he “absolutely refuses to take any responsibility”.

Evidence Presented

Dogan had first sent Dominique Pelicot graphic images and then traveled an hour from his village in the region to rape the victim, after telling his wife he was leaving, the testimony revealed.

The ex-husband, who was brought from segregation in prison to temporarily give evidence at the retrial, informed the court that Dogan had been aware his wife had been “drugged” and he said to men by phone: “I want someone to violate my wife after I’ve sedated her without her knowledge.”

The courtroom became a key topic for a broader debate on sexual violence norms in society as the defendant continued to claim he was not guilty and had not engaged in violation, arguing that because Gisèle Pelicot’s husband had welcomed him into the bedroom, his actions had been justifiable.

The panel in the Nîmes appeals court was presented with recorded footage of Gisèle Pelicot’s unresponsive form, comatose and snoring in a unconscious condition, while a grinning Dogan engaged in violation multiple times over a period of what police said was three and a half hours. The court official said she had been at risk of fatal outcome by asphyxiation. The state's case said there was no question that she had been unconscious and had not consented.

Defendant's Statements

Dogan informed the court the footage were simply “sex scenes” and denied it was assault. He said what he did was “a consensual activity”, not rape. He declared the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had brought him to the house, and therefore it was OK. He said he was influenced by Dominique Pelicot. “I attempted to cease,” the accused stated to the court. “I proceeded because he persuaded me.”

Asked if he wanted to make a last words to the court, the defendant said: “I had no desire to hurt that woman.”

Victim's Response

The victim, who was cheered upon departing the trial each day by onlookers assembled to back her, addressed Dogan in court: “You haven’t understood. When are you going to recognise you raped me? It is illegal to rape an unconscious woman. When did I ever give you permission? At no time.”

The victim, 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.”

Prosecutor's Remarks

The prosecutor, addressing Gisèle Pelicot in court, said the defendant's failure to take accountability showed that: “Shame has not yet changed sides. The public is perhaps in the midst of that, maybe driven by the public consciousness spurred by the publication of your situation.”

The prosecutor said the defendant's claims of innocence showed how societal tolerance was still common in society as part of “outdated” forms of “male domination”. He said: “We need to change rape culture to a culture of consent.”

Sie addressed the defendant: “While you refuse to admit it, it’s not just a person, it’s an complete disturbing social system that you are upholding.”

Personal History

Dogan was born in the country of Turkey and at the age of five relocated to France, where his father worked as a concierge. The court heard that his father was aggressive and that the defendant began using drugs aged ten. When Dogan was seventeen he was stopped by police for selling narcotics and his father forced him to leave of home. He served time in prison for narcotics offenses in his twenties and had worked as a laborer but had faced periods of homelessness.

He was wed and had a child with a genetic condition, who he was the primary guardian for, as his wife worked in a institution's dining hall. The testimony revealed his spouse did not know he had repeated intimate relations beyond their union. His legal team said this was his way of coping with his difficult circumstances. The defendant had informed a evaluator that each year he sought transactional encounters on his birthday. His lawyers stated to the court he had a medical condition caused by the pressure of the first trial.