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An individual was convicted on appeal of raping Gisèle Pelicot following she was sedated by her spouse – and received his jail term increased to ten years.

Retrial Proceedings

Husamettin Dogan, forty-four, 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 jury of five men and four women, joined by three judges, found Dogan guilty on Thursday of raping the victim in her bedroom in Provence in the early hours of 29 June 2019.

The court heard that Dogan, a family man, made contact with Gisèle Pelicot’s husband at the time, the husband, in an digital platform titled “without her consent”, where the husband was seeking men to visit his house to rape his wife after he had drugged her into a comatose state.

“We hope the jury will say loud and clear that in this country, fundamental rights are also women’s rights – that agreement is individual, not given by another,” stated Gisèle Pelicot’s lawyer, Antoine Camus. “Consent is obtained personally and not by proxy from a husband.”

Case History

The husband, among the most severe sex offenders in modern French history, was handed a sentence to two decades in prison last year for drugging his then wife and inviting dozens of men to sexually assault her in her home in the Provence village of the village of Mazan over a span of many years of their union.

Numerous other individuals were found culpable in a widely publicized trial last year, and the appellant was the single defendant to appeal against his sentence. He was first handed a term to nine years in prison, a penalty enhanced on Thursday to ten years.

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

Courtroom Details

Dogan had initially sent the husband graphic images and then driven an hour from his village in Provence to assault the victim, after notifying his wife he was stepping out, the court heard.

Pelicot, who was brought 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 without her knowledge.”

The proceedings became a focus point for a broader debate on rape culture in society as Dogan continued to say he was blameless and had not perpetrated assault, stating that because Gisèle Pelicot’s husband had invited him into the room, his behavior had been permissible.

The panel in the Nîmes appeals court was displayed recorded footage of Gisèle Pelicot’s unresponsive form, sedated and snoring in a deep sleep, while a grinning Dogan committed rape repeatedly over a duration of what investigators stated was several hours. The court official said she had been at danger of fatal outcome by asphyxiation. The state prosecution said there was no doubt that she had been incapacitated and had not consented.

Dogan's Claims

The defendant told the court the footage were simply “sex scenes” and rejected it was assault. He said what he did was “an intimate behavior”, not assault. He declared the court: “I did not commit rape.” He said the victim's husband had allowed him to the house, and therefore it was OK. He said he was deceived by the husband. “I tried to halt,” Dogan informed the court. “I continued because he convinced me.”

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

Survivor's Statement

The victim, who was applauded upon leaving court each day by supporters assembled to back her, addressed Dogan in court: “You fail to comprehend. When will you acknowledge you assaulted me? It’s a crime to assault an unconscious woman. At what point did I give you consent? Not once.”

The victim, seventy-two, became an symbol of resistance after she waived her right to confidentiality in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

Sie, addressing the victim in court, said Dogan’s refusal to take responsibility showed that: “Shame has not yet changed sides. The community is perhaps in the process of that, maybe propelled by the public consciousness resulting from the exposure of your situation.”

Sie said the defendant's claims of innocence showed how rape culture was still prevalent in society as part of “outdated” forms of “gender-based power”. He said: “Now we must change rape culture to a culture of consent.”

The prosecutor addressed Dogan: “For as much as you reject it, it’s not just a individual, it’s an entire unpleasant cultural framework that you are upholding.”

Personal History

Dogan was born in the country of Turkey and at the age of 5 moved to France, where his parent worked as a caretaker. The testimony revealed that his parent was aggressive and that the defendant began consuming marijuana at the age of 10. When he was 17 he was caught by authorities for selling narcotics and his father evicted him the family house. He spent time in prison for trafficking in his young adulthood and had worked as a builder but had undergone periods of homelessness.

He was wed and had a child with Down’s syndrome, who he was the primary guardian for, as his spouse worked in a institution's dining hall. The court heard his wife did not know he had frequent extramarital activities beyond their union. His legal team said this was his strategy for managing with his difficult circumstances. Dogan had stated to a court psychologist that each year he engaged in paid sex on his special day. His attorneys stated to the court he had a medical condition triggered by the pressure of the initial proceedings.