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A man was convicted on appeal of raping Gisèle Pelicot after she was sedated by her spouse – and was given his jail term extended to ten years.

Retrial Proceedings

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

A jury of four women and five men, accompanied by three judges, convicted Dogan on Thursday of raping the victim in her bedroom in the south of France in the morning of 29 June 2019.

The court heard that the accused, a family man, reached out to Gisèle Pelicot’s then husband, Dominique Pelicot, in an internet forum called “without her knowledge”, where the husband was looking for men to visit his house to rape his wife once he had rendered her unconscious into a deep sleep.

We expect the court will say loud and clear that in this society, human rights are also rights of women – that consent is personal, not given by another,” declared the victim's lawyer, Antoine Camus. “Agreement is obtained directly and not by proxy from a spouse.”

Background

The ex-husband, a notorious sexual predators in recent French history, was given a prison term to twenty years in prison last year for incapacitating his then wife and inviting numerous individuals to rape her in her home in the Provence village of the village of Mazan over a period of nearly ten years of their marriage.

Fifty other men were found guilty in a notable trial last year, and the appellant was the sole individual to challenge his conviction. He was initially given a sentence to nine years in prison, a sentence increased on Thursday to 10 years.

The lead state prosecutor, the prosecutor, had contended he should serve twelve years, because he “completely denies to take any accountability”.

Courtroom Details

The defendant had first sent Dominique Pelicot graphic images and then driven an hour from his residence in Provence to rape the victim, after notifying his wife he was leaving, the evidence indicated.

The ex-husband, who was transported from isolation in prison to briefly give evidence at the retrial, told the court that the accused had known his wife had been “sedated” and he said to men by phone: “I seek someone to violate my wife after I’ve rendered her unconscious unbeknownst to her.”

The trial became a central issue for a wider discussion on sexual violence norms in society as the defendant continued to assert he was not guilty and had not committed rape, arguing that because the victim's husband had invited him into the room, his actions had been acceptable.

The panel in the higher court was presented with visual proof of Gisèle Pelicot’s unconscious figure, unconscious and breathing heavily in a comatose state, while a smiling Dogan performed assault repeatedly over a timeframe of what authorities reported was 3.5 hours. The presiding judge said she had been at risk of death by choking. The state prosecution said there was no question that she had been unaware and had not given permission.

Accused's Testimony

The defendant told the court the videos were simply “sexual encounters” and rejected it was rape. He said what he did was “a consensual activity”, not rape. He stated the court: “I did not commit rape.” He said the victim's husband had invited him to the home, and therefore it was acceptable. He said he was deceived by the husband. “I wanted to stop,” the accused told the court. “I continued because he convinced me.”

Asked if he wanted to make a closing remarks to the court, Dogan said: “I had no desire to injure that lady.”

Survivor's Statement

Gisèle Pelicot, who was applauded upon leaving court each day by supporters gathered to stand with her, told Dogan in court: “You haven’t understood. When will you acknowledge you assaulted me? It’s a crime to rape an unconscious woman. At what point did I give you agreement? At no time.”

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

Legal Commentary

Sie, speaking to the victim in court, said the defendant's failure to take accountability showed that: “The shame remains. The public is possibly in the course of that, possibly driven by the public consciousness resulting from the exposure of your ordeal.”

Sie said Dogan’s claims of non-guilt showed how rape culture was still prevalent in society as part of “archaic” forms of “gender-based power”. He said: “We need to change rape culture to a culture of consent.”

The prosecutor said to Dogan: “For as much as you reject it, it’s not just a individual, it’s an complete disturbing social system that you are supporting.”

Personal History

Dogan was born in the country of Turkey and at the age of 5 came to France, where his parent worked as a building manager. The court heard that his parent was aggressive and that the defendant began using drugs aged 10. When he was seventeen he was stopped by authorities for dealing drugs and his parent kicked him out of home. He was incarcerated in prison for trafficking in his early 20s and had worked as a laborer but had faced periods of homelessness.

He was married and had a son with Down’s syndrome, who he was the primary guardian for, as his wife worked in a school canteen. The testimony revealed his wife did not know he had frequent intimate relations beyond their union. His legal team said this was his strategy for managing with his difficult circumstances. The defendant had informed a evaluator that annually he engaged in paid sex on his special day. His attorneys stated to the court he had a medical condition triggered by the anxiety of the initial proceedings.