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A defendant was convicted on higher court review of raping Gisele Pelicot following she was sedated by her spouse – and was given his jail term raised to a decade.

Higher Court Case

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

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

The evidence showed that the accused, a family man, connected with Gisèle Pelicot’s spouse, Dominique Pelicot, in an online chatroom titled “without her consent”, where Pelicot was looking for men to enter his residence to rape his wife after he had rendered her unconscious into a unconscious state.

“We hope the panel will declare that in this nation, human rights are also rights of women – that agreement is individual, not transferred,” said the victim's attorney, Antoine Camus. “Consent is obtained personally and not via a representative from a spouse.”

Context

Dominique Pelicot, one of the worst sexual predators in modern French history, was sentenced to twenty years in prison last year for drugging his wife at the time and inviting multiple perpetrators to rape her in her home in the Provence village of Mazan over a duration of almost a decade of their union.

Numerous other individuals were found culpable in a widely publicized trial last year, and Dogan was the only man to challenge his verdict. He was originally handed a term to nine years in prison, a penalty increased on Thursday to a decade.

The lead state prosecutor, Dominique Sie, had argued he should serve twelve years, because he “absolutely refuses to take any responsibility”.

Evidence Presented

The defendant had first sent Dominique Pelicot sexually explicit photos and then driven an hour from his residence in the region to rape Gisèle Pelicot, after informing his wife he was leaving, the testimony revealed.

Pelicot, who was brought from isolation in prison to temporarily give evidence at the hearing, told the court that Dogan had been aware his wife had been “drugged” and he told to men by phone: “I seek someone to assault my wife after I’ve rendered her unconscious without her knowledge.”

The trial became a key topic for a broader debate on societal attitudes in society as Dogan continued to say he was blameless and had not perpetrated assault, contending that because Gisèle Pelicot’s husband had welcomed him into the bedroom, his behavior had been justifiable.

The panel in the higher court was displayed video evidence of Gisèle Pelicot’s unconscious figure, unconscious and snoring in a deep sleep, while a smiling the perpetrator committed rape multiple times over a timeframe of what authorities reported was several hours. The judge said she had been at risk of death by asphyxiation. The state's case said there was absolute certainty that she had been unaware and had not agreed.

Dogan's Claims

Dogan informed the court the videos were simply “sex scenes” and disputed it was rape. He said what he did was “a sexual act”, not rape. He stated the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had brought him to the home, and therefore it was OK. He said he was manipulated by the husband. “I wanted to stop,” Dogan informed the court. “I proceeded because he convinced me.”

Inquired if he wanted to make a closing remarks to the court, the defendant said: “I did not intend to injure that woman.”

Survivor's Statement

The survivor, who was cheered upon departing the trial each day by crowds assembled to support her, addressed the defendant in court: “You haven’t understood. When will you acknowledge you violated me? It is unlawful to rape an unaware woman. At what point did I give you permission? At no time.”

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

Legal Commentary

The prosecutor, turning to Gisèle Pelicot in court, said Dogan’s failure to take responsibility showed that: “Shame has not yet changed sides. The community is perhaps in the midst of that, possibly propelled by the collective awareness brought by the revelation of your case.”

The prosecutor said Dogan’s claims of innocence showed how societal tolerance was still widespread in society as part of “old-fashioned” forms of “male domination”. He said: “Now we must change the culture of violence to a ethos of permission.”

The prosecutor said to Dogan: “As long as you deny it, it’s not just a woman, it’s an complete sordid cultural framework that you are supporting.”

Personal History

The accused was born in the country of Turkey and at the age of five moved to the nation of France, where his father worked as a building manager. The testimony revealed that his parent was aggressive and that the defendant began using drugs aged ten. When he was 17 he was caught by authorities for drug trafficking and his parent forced him to leave the family house. He spent time in prison for trafficking in his young adulthood and had worked as a construction worker but had undergone periods of being unhoused.

He was married and had a son with special needs, who he was the primary guardian for, as his wife worked in a school canteen. The court heard his wife did not know he had regular intimate relations outside their union. His legal team said this was his method of dealing with his difficult circumstances. Dogan had told a evaluator that once a year he sought commercial sex on his special day. His legal representatives stated to the court he had a medical condition triggered by the pressure of the initial proceedings.