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An individual was declared guilty on higher court review of raping Gisele Pelicot following she was sedated by her then-husband – and has had his prison sentence raised to 10 years.

Higher Court Case

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

A jury of nine jurors, joined by three judges, found Dogan guilty on Thursday of raping Pelicot in her residence in southern France in the morning of 29 June 2019.

The testimony revealed that the accused, a family man, connected with Gisèle Pelicot’s then husband, Dominique Pelicot, in an online chatroom named “without her consent”, where Pelicot was looking for men to visit his house to rape his wife once he had drugged her into a unconscious state.

We expect the panel will affirm that in this nation, human rights are also rights of women – that permission is individual, not given by another,” stated Gisèle Pelicot’s lawyer, Antoine Camus. “Agreement is received directly and not via a representative from a spouse.”

Background

The husband, among the most severe sex offenders in France's contemporary records, was sentenced to 20 years in prison last year for incapacitating his then wife and bringing in dozens of men to rape her in her home in the Provence village of the village of Mazan over a period of many years of their marriage.

Numerous other individuals were found convicted in a notable trial last year, and the appellant was the only man to contest his conviction. He was originally given a sentence to nine years in prison, a sentence raised on Thursday to 10 years.

The lead state prosecutor, Dominique Sie, had stated he should serve twelve years, because he “stubbornly rejects to take any blame”.

Evidence Presented

The defendant had first sent Dominique Pelicot graphic images and then traveled an hour from his village in Provence to rape the victim, after informing his wife he was going out, the evidence indicated.

Pelicot, who was transported from isolation in prison to temporarily testify at the hearing, informed the court that the accused had been aware his wife had been “sedated” and he told to men by phone: “I seek someone to violate my wife after I’ve put her to sleep unbeknownst to her.”

The proceedings became a key topic for a larger conversation on rape culture in society as Dogan continued to assert he was innocent and had not committed rape, stating that because Gisèle Pelicot’s husband had invited him into the residence, his actions had been justifiable.

The jury in the higher court was displayed recorded footage of Gisèle Pelicot’s unconscious figure, comatose and snoring in a comatose state, while a smiling Dogan engaged in violation multiple times over a duration of what investigators stated was several hours. The judge said she had been at risk of death by choking. The state prosecution said there was absolute certainty that she had been unaware and had not agreed.

Defendant's Statements

The defendant informed the court the videos were simply “sexual encounters” and denied it was rape. He said what he did was “a consensual activity”, not assault. He told the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had invited him to the residence, and therefore it was permissible. He said he was deceived by the husband. “I tried to halt,” the accused stated to the court. “I proceeded because he reassured me.”

Questioned if he wanted to make a closing remarks to the court, the defendant said: “I did not intend to hurt that individual.”

Survivor's Statement

The victim, who was cheered upon exiting the courtroom each day by supporters assembled to back her, said to Dogan in court: “You haven’t understood. When will you admit you violated me? It is illegal to rape an unconscious woman. How could I have give you agreement? Never.”

The victim, seventy-two, became an international feminist hero after she waived her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

Sie, speaking to the victim in court, said Dogan’s failure to take blame showed that: “The shame remains. The community is perhaps in the midst of that, possibly driven by the public consciousness spurred by the exposure of your situation.”

Sie said the defendant's claims of non-guilt showed how normalized violence was still widespread in society as part of “archaic” forms of “gender-based power”. He said: “It is imperative to change the culture of violence to a society based on agreement.”

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

Defendant's Background

Dogan was born in the country of Turkey and at the age of 5 came to the nation of France, where his parent worked as a building manager. The testimony revealed that his parent was violent and that Dogan began consuming marijuana at the age of 10. When he was seventeen he was caught by police for drug trafficking and his parent kicked him out the family house. He served time in prison for trafficking in his twenties and had worked as a construction worker but had faced periods of living on the streets.

He was married and had a child with Down’s syndrome, who he was the main caregiver for, as his spouse worked in a institution's dining hall. The court heard his spouse did not know he had regular extramarital activities outside their union. His legal team said this was his strategy for managing with his stressful life. Dogan had stated to a evaluator that once a year he engaged in transactional encounters on his birthday. His legal representatives told the court he had a medical condition resulting from the pressure of the first trial.