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A defendant was convicted on appeal of raping Gisele Pelicot following she was drugged unconscious by her then-husband – and has had his jail term raised to a decade.

Appeal Trial

Husamettin Dogan, forty-four, an out-of-work construction worker, who had challenged his initial guilty verdict last year, faced a retrial this week at the higher court in Nîmes.

A jury of five men and four women, joined by three judges, found Dogan guilty on Thursday of raping the victim in her home in southern France in the morning of 29 June 2019.

The evidence showed that Dogan, a married father, made contact with Gisèle Pelicot’s then husband, the husband, in an digital platform called “without her consent”, where Pelicot was recruiting men to enter his residence to rape his wife after he had sedated her into a comatose state.

We expect the panel will declare that in this society, human rights are also women’s rights – that consent is personal, not delegated,” stated Gisèle Pelicot’s attorney, her legal representative. “Permission is received personally and not through someone else from a spouse.”

Case History

Dominique Pelicot, one of the worst sex offenders in modern French history, was sentenced to two decades in prison last year for incapacitating his wife at the time and soliciting multiple perpetrators to rape her in her home in the town of the village of Mazan over a period of almost a decade of their union.

Dozens of additional defendants were found guilty in a notable trial last year, and Dogan was the sole individual to contest his verdict. He was originally sentenced to nine years in prison, a sentence raised on Thursday to 10 years.

The chief prosecutor, Dominique Sie, had stated he should serve 12 years, because he “completely denies to take any responsibility”.

Evidence Presented

The defendant had first sent Dominique Pelicot inappropriate pictures and then driven an hour from his residence in the region to rape the victim, after informing his wife he was going out, the evidence indicated.

Pelicot, who was brought from segregation in prison to temporarily testify at the appeal trial, stated to the court that Dogan had been aware his wife had been “incapacitated” and he said to men by phone: “I want 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 Dogan continued to say he was not guilty and had not engaged in violation, stating that because Gisèle Pelicot’s husband had invited him into the residence, his conduct had been justifiable.

The jury in the Nîmes appeals court was shown visual proof of the victim's limp body, unconscious and snoring in a deep sleep, while a grinning the perpetrator engaged in violation multiple times over a duration of what authorities reported was three and a half hours. The presiding judge said she had been at danger of death by choking. The prosecution said there was absolute certainty that she had been unaware and had not given permission.

Accused's Testimony

The defendant informed the court the footage were simply “sexual encounters” and disputed it was assault. He said what he did was “an intimate behavior”, not rape. He declared the court: “I am innocent of assault.” He said the victim's husband had brought him to the residence, and therefore it was OK. He said he was influenced by the husband. “I wanted to stop,” Dogan told the court. “I continued because he convinced me.”

Asked if he wanted to make a closing remarks to the court, Dogan said: “I did not intend to hurt that woman.”

Pelicot's Words

Gisèle Pelicot, who was supported upon leaving court each day by supporters present to back her, said to the defendant in court: “You fail to comprehend. When are you going to recognise you violated me? It is unlawful to assault an unaware woman. When did I ever give you agreement? At no time.”

Gisèle Pelicot, 72, became an symbol of resistance after she waived her right to confidentiality in the trial last year when she said: “Shame must change sides.”

Legal Commentary

The prosecutor, turning to Gisèle Pelicot in court, said the defendant's unwillingness to take blame showed that: “Shame has not yet changed sides. The public is possibly in the midst of that, possibly driven by the public consciousness resulting from the revelation of your ordeal.”

Sie said Dogan’s claims of innocence showed how societal tolerance was still prevalent in society as part of “archaic” forms of “male domination”. He said: “Now we must change the culture of violence to a society based on agreement.”

Sie said to the defendant: “While you deny it, it’s not just a woman, it’s an entire sordid societal structure that you are upholding.”

Personal History

Dogan was originated from 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 father was abusive and that Dogan began consuming marijuana at the age of 10. When he was seventeen he was stopped by police for drug trafficking and his father forced him to leave of home. He spent time in prison for narcotics offenses in his early 20s and had worked as a builder but had experienced periods of homelessness.

He was married and had a son with a genetic condition, who he was the principal carer for, as his wife worked in a school canteen. The testimony revealed his spouse did not know he had regular intimate relations outside their marriage. His legal team said this was his strategy for managing with his challenging existence. Dogan had stated to a evaluator that once a year he sought transactional encounters on his special day. His legal representatives told the court he had joint inflammation triggered by the anxiety of the original case.