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An individual was convicted on appeal of raping Gisèle Pelicot following she was sedated by her spouse – and has had his prison sentence raised to 10 years.

Appeal Trial

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

A jury of nine jurors, sitting with three judges, convicted Dogan on Thursday of raping the victim in her home in Provence in the morning of 29 June 2019.

The court heard that Dogan, a married father, made contact with Gisèle Pelicot’s then husband, Dominique Pelicot, in an online chatroom named “unbeknownst to her”, where the husband was looking for men to enter his residence to rape his wife after he had rendered her unconscious into a deep sleep.

We expect the court will say loud and clear that in this nation, fundamental rights are also rights of women – that agreement is individual, not delegated,” stated the victim's lawyer, her legal representative. “Permission is secured directly and not by proxy from a husband.”

Context

The ex-husband, a notorious sexual predators in modern French history, was handed a sentence to two decades in prison last year for sedating his spouse and inviting dozens of men to sexually assault her in her home in the community of the village of Mazan over a period of many years of their union.

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 handed a term to nine years in prison, a punishment enhanced on Thursday to ten years.

The state's attorney, the prosecutor, had contended he should serve twelve years, because he “stubbornly rejects to take any responsibility”.

Testimony and Proof

The defendant had initially sent the husband inappropriate pictures and then traveled an hour from his village in Provence to assault the victim, after informing his wife he was going out, the testimony revealed.

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

The trial became a focus point for a broader debate on sexual violence norms in society as Dogan continued to assert he was not guilty and had not engaged in violation, arguing that because Gisèle Pelicot’s husband had welcomed him into the room, his behavior had been acceptable.

The jury in the Nîmes appeals court was presented with visual proof of the victim's limp body, comatose and breathing heavily in a deep sleep, while a grinning the perpetrator committed rape on several occasions over a duration of what investigators stated was 3.5 hours. The presiding judge said she had been at risk of death by asphyxiation. The state's case said there was absolute certainty that she had been incapacitated and had not consented.

Defendant's Statements

Dogan stated to the court the recordings were simply “sex scenes” and denied it was violation. He said what he did was “a sexual act”, not assault. He declared the court: “I am innocent of assault.” He said the victim's husband had invited him to the home, and therefore it was acceptable. He said he was manipulated by the husband. “I tried to halt,” the accused told the court. “I proceeded because he convinced me.”

Asked if he wanted to make a last words to the court, the defendant said: “I did not intend to hurt that lady.”

Pelicot's Words

Gisèle Pelicot, who was supported upon departing the trial each day by onlookers gathered to back her, said to the defendant in court: “You haven’t understood. When will you admit you assaulted me? It’s a crime to rape an unconscious woman. When did I ever give you consent? Never.”

Gisèle Pelicot, 72, became an global icon after she gave up her right to confidentiality in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

The prosecutor, turning to the victim in court, said Dogan’s unwillingness to take accountability showed that: “Shame has not yet changed sides. Society is possibly in the process of that, maybe driven by the public consciousness brought by the revelation of your ordeal.”

The prosecutor said the defendant's claims of innocence showed how rape culture was still widespread in society as part of “outdated” forms of “patriarchal control”. He said: “It is imperative to change the culture of violence to a culture of consent.”

Sie told the defendant: “For as much as you refuse to admit it, it’s not just a individual, it’s an entire disturbing social system that you are supporting.”

Defendant's Background

The accused was originated from Turkey and at the age of 5 came to France, where his father worked as a concierge. The testimony revealed that his father was aggressive and that Dogan began consuming marijuana aged 10. When he was seventeen he was apprehended by police for dealing drugs and his father evicted him the residence. He was incarcerated in prison for drug dealing in his early 20s and had worked as a construction worker but had undergone periods of being unhoused.

He was wed and had a son with a genetic condition, who he was the main caregiver for, as his spouse worked in a school canteen. The evidence showed his wife did not know he had regular extramarital activities beyond their union. His defence said this was his way of coping with his challenging existence. The defendant had stated to a court psychologist that annually he looked for paid sex on his birthday. His lawyers stated to the court he had a medical condition triggered by the pressure of the first trial.