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A man was declared guilty on higher court review of raping Gisèle Pelicot following she was drugged unconscious by her spouse – and has had his jail term extended to a decade.

Higher Court Case

Husamettin Dogan, 44, an unemployed builder, who had appealed his initial guilty verdict last year, underwent a new trial this week at the appeals court in Nîmes.

A panel of five men and four women, sitting with three judges, found Dogan guilty on Thursday of raping Pelicot in her residence in the south of France in the early hours of June 29, 2019.

The evidence showed that Dogan, a married father, connected with Gisèle Pelicot’s then husband, the husband, in an digital platform named “unbeknownst to her”, where the husband was seeking men to enter his residence to rape his wife once he had drugged her into a deep sleep.

“We hope the court will declare that in this nation, fundamental rights are also women’s rights – that permission is personal, not delegated,” declared Gisèle Pelicot’s attorney, Antoine Camus. “Consent is secured directly and not by proxy from a husband.”

Case History

Dominique Pelicot, among the most severe sex offenders in France's contemporary records, was handed a sentence to twenty years in prison last year for incapacitating his spouse and soliciting numerous individuals to sexually assault her in her home in the community of Mazan over a period of many years of their union.

Dozens of additional defendants were found convicted in a notable trial last year, and Dogan was the sole individual to contest his sentence. He was originally sentenced to nine years in prison, a punishment increased on Thursday to ten years.

The state's attorney, Dominique Sie, had argued he should serve 12 years, because he “stubbornly rejects to take any blame”.

Courtroom Details

The defendant had first sent Dominique Pelicot graphic images and then traveled an hour from his town in the region to assault Gisèle Pelicot, after informing his wife he was leaving, the testimony revealed.

The ex-husband, who was brought from isolation in prison to briefly testify at the hearing, stated to the court that the accused had understood his wife had been “drugged” and he said to men by phone: “I’m looking for someone to abuse my wife after I’ve sedated her without her consent.”

The courtroom became a key topic for a broader debate on rape culture in society as the defendant continued to say he was innocent and had not perpetrated assault, arguing that because Gisèle Pelicot’s husband had invited him into the residence, his behavior had been permissible.

The panel in the Nîmes appeals court was presented with visual proof of Gisèle Pelicot’s unresponsive form, unconscious and breathing heavily in a unconscious condition, while a grinning Dogan engaged in violation repeatedly over a timeframe of what police said was 3.5 hours. The presiding judge said she had been at danger of death by choking. The state prosecution said there was no question that she had been unconscious and had not given permission.

Defendant's Statements

Dogan told the court the recordings were simply “sex scenes” and denied it was violation. He said what he did was “a sexual act”, not rape. He stated the court: “I never raped.” He said Gisèle Pelicot’s husband had brought him to the home, and therefore it was OK. He said he was deceived by the husband. “I tried to halt,” Dogan stated to the court. “I carried on because he persuaded me.”

Asked if he wanted to make a last words to the court, the defendant said: “I never wanted to hurt that woman.”

Survivor's Statement

The victim, who was supported upon leaving court each day by supporters assembled to stand with her, said to Dogan in court: “You fail to comprehend. When will you acknowledge you raped me? It is unlawful to assault an unconscious woman. How could I have give you permission? Never.”

Gisèle Pelicot, 72, became an international feminist hero after she relinquished her right to privacy in the trial last year when she said: “Shame must change sides.”

Legal Commentary

Sie, speaking to the victim in court, said the defendant's failure to take blame showed that: “Guilt has not shifted. Society is perhaps in the course of that, possibly propelled by the public consciousness resulting from the publication of your situation.”

The prosecutor said Dogan’s claims of innocence showed how rape culture was still common in society as part of “archaic” forms of “male domination”. He said: “Now we must change the culture of violence to a culture of consent.”

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

Defendant's Background

The accused was originated from the country of Turkey and at the age of five relocated to France, where his father worked as a building manager. The evidence indicated that his parent was abusive and that the defendant began smoking cannabis aged 10. When Dogan was 17 he was apprehended by authorities for selling narcotics and his father evicted him of home. He served time in prison for narcotics offenses in his young adulthood and had worked as a laborer 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 school canteen. The evidence showed his spouse did not know he had regular intimate relations outside their union. His legal team said this was his way of coping with his difficult circumstances. The defendant had told a evaluator that annually he engaged in commercial sex on his birthday. His lawyers stated to the court he had joint inflammation triggered by the stress of the original case.