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An individual has been found guilty on appeal of raping Gisèle Pelicot after she was drugged unconscious by her then-husband – and was given his jail term extended to 10 years.

Appeal Trial

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

A panel of nine jurors, accompanied by three judges, ruled against Dogan on Thursday of sexually assaulting Pelicot in her bedroom in southern France in the morning of June 29, 2019.

The testimony revealed that Dogan, a married father, connected with Gisèle Pelicot’s husband at the time, Dominique Pelicot, in an online chatroom called “unbeknownst to her”, where the husband was recruiting men to visit his house to rape his wife once he had rendered her unconscious into a deep sleep.

We expect the jury will declare that in this society, fundamental rights are also rights of women – that consent is personal, not delegated,” stated the victim's attorney, Antoine Camus. “Consent is obtained directly and not via a representative from a spouse.”

Case History

Dominique Pelicot, among the most severe sexual predators in modern French history, was handed a sentence to 20 years in prison last year for drugging his then wife and soliciting dozens of men to rape her in her home in the town of Mazan over a span of many years of their union.

Fifty other men were found guilty in a notable trial last year, and Dogan was the sole individual to appeal against his sentence. He was first sentenced to nine years in prison, a sentence raised on Thursday to 10 years.

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

Courtroom Details

The defendant had initially sent Dominique Pelicot inappropriate pictures and then driven an hour from his residence in Provence to rape Gisèle Pelicot, after informing his wife he was leaving, the court heard.

The ex-husband, who was transported from solitary confinement in prison to briefly provide testimony at the retrial, told the court that Dogan had understood his wife had been “incapacitated” and he told to men by phone: “I’m looking for someone to assault my wife after I’ve rendered her unconscious without her knowledge.”

The trial became a central issue for a larger conversation on sexual violence norms in society as Dogan continued to assert he was innocent and had not engaged in violation, arguing that because the victim's husband had invited him into the bedroom, his actions had been justifiable.

The panel in the higher court was displayed visual proof of the victim's unresponsive form, comatose and snoring in a comatose state, while a smiling Dogan performed assault repeatedly over a period of what police said was 3.5 hours. The court official said she had been at danger of death by asphyxiation. The prosecution said there was absolute certainty that she had been unaware and had not agreed.

Dogan's Claims

The defendant told the court the videos were simply “sexual encounters” and rejected it was rape. He said what he did was “a sexual act”, not assault. He declared the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had allowed him to the house, and therefore it was OK. He said he was influenced by Dominique Pelicot. “I attempted to cease,” Dogan informed the court. “I continued because he persuaded me.”

Inquired if he wanted to make a final statement to the court, Dogan said: “I did not intend to harm that woman.”

Victim's Response

Gisèle Pelicot, who was applauded upon exiting the courtroom each day by supporters gathered to stand with her, addressed Dogan in court: “You haven’t understood. When will you acknowledge you raped me? It is illegal to rape an unaware woman. When did I ever give you permission? Not once.”

Gisèle Pelicot, 72, became an international feminist hero after she relinquished her right to anonymity in the trial last year when she said: “Guilt ought to transfer.”

State's Argument

The prosecutor, addressing the victim in court, said Dogan’s unwillingness to take responsibility showed that: “Guilt has not shifted. The community is possibly in the midst of that, maybe propelled by the public consciousness resulting from the revelation of your situation.”

The prosecutor said Dogan’s claims of innocence showed how societal tolerance was still widespread in society as part of “outdated” forms of “gender-based power”. He said: “Now we must change rape culture to a ethos of permission.”

Sie told Dogan: “As long as you reject it, it’s not just a woman, it’s an whole unpleasant societal structure that you are endorsing.”

Personal History

Dogan was originated from Turkey and at the age of five moved to the nation of France, where his parent worked as a concierge. The evidence indicated that his parent was aggressive and that the defendant began smoking cannabis at the age of 10. When he was 17 he was caught by police for dealing drugs and his father kicked him out the family house. He was incarcerated in prison for drug dealing in his early 20s and had worked as a builder but had undergone periods of living on the streets.

He was married and had a child with a genetic condition, who he was the principal carer for, as his wife worked in a educational cafeteria. The evidence showed his wife did not know he had regular intimate relations outside their union. His legal team said this was his strategy for managing with his challenging existence. The defendant had told a evaluator that annually he sought commercial sex on his birthday. His lawyers told the court he had joint inflammation caused by the pressure of the initial proceedings.