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A defendant has been found guilty on appeal of raping Gisèle Pelicot following she was drugged unconscious by her husband – and has had his incarceration period increased to a decade.

Higher Court Case

Husamettin Dogan, 44, an out-of-work construction worker, who had appealed his initial guilty verdict last year, underwent a new trial this week at the Nîmes court of appeal.

A panel of four women and five men, joined by three judges, ruled against Dogan on Thursday of raping the victim in her bedroom in the south of France in the early hours of 29 June 2019.

The evidence showed that Dogan, a family man, reached out to Gisèle Pelicot’s then husband, the husband, in an internet forum titled “without her consent”, where Pelicot was looking for men to visit his house to rape his wife once he had drugged her into a deep sleep.

“We hope the court will say loud and clear that in this nation, fundamental rights are also women’s rights – that agreement is individual, not delegated,” stated Gisèle Pelicot’s lawyer, her legal representative. “Agreement is obtained directly and not through someone else from a spouse.”

Case History

The ex-husband, among the most severe sex offenders in modern French history, was given a prison term to two decades in prison last year for drugging his spouse and bringing in numerous individuals to sexually assault her in her home in the community of Mazan over a duration of many years of their marriage.

Numerous other individuals were found culpable in a high-profile trial last year, and the appellant was the sole individual to challenge his sentence. He was initially sentenced to 9 years in prison, a sentence raised on Thursday to ten years.

The lead state prosecutor, the prosecutor, had argued he should serve 12 years, because he “stubbornly rejects to take any responsibility”.

Courtroom Details

The defendant had first sent Dominique Pelicot graphic images and then traveled an hour from his residence in the region to rape Gisèle Pelicot, after telling his wife he was stepping out, the evidence indicated.

Pelicot, who was brought from segregation in prison to briefly give evidence at the retrial, stated to the court that the accused had known his wife had been “sedated” and he told to men by phone: “I’m looking for someone to assault my wife after I’ve put her to sleep without her consent.”

The courtroom became a key topic for a wider discussion on societal attitudes in society as Dogan continued to say he was not guilty and had not perpetrated assault, stating that because Gisèle Pelicot’s husband had invited him into the bedroom, his actions had been acceptable.

The panel in the higher court was shown video evidence of the victim's limp body, sedated and snoring in a deep sleep, while a smiling Dogan committed rape on several occasions over a timeframe of what authorities reported was three and a half hours. The court official said she had been at danger of fatal outcome by choking. The prosecution said there was absolute certainty that she had been unconscious and had not given permission.

Defendant's Statements

The defendant told the court the videos were simply “sexual encounters” and denied it was violation. He said what he did was “a sexual act”, not assault. He declared the court: “I never raped.” He said the victim's husband had brought him to the house, and therefore it was acceptable. He said he was manipulated by Dominique Pelicot. “I tried to halt,” Dogan told the court. “I continued because he persuaded me.”

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

Pelicot's Words

The victim, who was supported upon departing the trial each day by onlookers gathered to stand with her, addressed Dogan in court: “You haven’t understood. When will you admit you violated me? It’s a crime to assault an incapacitated woman. When did I ever give you agreement? At no time.”

Gisèle Pelicot, 72, became an global icon after she relinquished her right to privacy in the trial last year when she said: “The shame should shift.”

Prosecutor's Remarks

The prosecutor, speaking to Gisèle Pelicot in court, said Dogan’s refusal to take blame showed that: “Guilt has not shifted. Society is possibly in the course of that, maybe motivated by the public consciousness resulting from the publication of your situation.”

The prosecutor said the defendant's claims of innocence showed how normalized violence was still widespread in society as part of “archaic” forms of “gender-based power”. He said: “Now we must change the culture of violence to a culture of consent.”

The prosecutor said to the defendant: “For as much as you reject it, it’s not just a person, it’s an whole sordid societal structure that you are supporting.”

Biographical Details

The accused was born in the country of Turkey and at the age of five came to the nation of France, where his parent worked as a caretaker. The court heard that his parent was abusive and that the defendant began smoking cannabis at the age of 10. When Dogan was 17 he was stopped by police for drug trafficking and his parent kicked him out the residence. He served time in prison for narcotics offenses in his young adulthood and had worked as a construction worker but had faced periods of living on the streets.

He was married and had a son with special needs, who he was the principal carer for, as his wife worked in a institution's dining hall. The testimony revealed his spouse did not know he had frequent intimate relations beyond their union. His legal team said this was his way of coping with his challenging existence. Dogan had informed a evaluator that annually he looked for transactional encounters on his birthday. His legal representatives informed the court he had arthritis triggered by the anxiety of the original case.