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An individual was convicted on higher court review of raping Gisèle Pelicot following she was drugged unconscious by her spouse – and was given his jail term increased to a decade.

Higher Court Case

Husamettin Dogan, forty-four, an unemployed builder, who had challenged his first conviction last year, faced a new trial this week at the Nîmes court of appeal.

A jury of four women and five men, accompanied by three judges, convicted Dogan on Thursday of sexually assaulting Pelicot in her home in the south of France in the morning of June 29, 2019.

The testimony revealed that Dogan, a married father, reached out to Gisèle Pelicot’s husband at the time, the husband, in an internet forum called “unbeknownst to her”, where the husband was seeking men to visit his house to assault his wife after he had sedated her into a comatose state.

“We hope the panel will affirm that in this country, fundamental rights are also rights of women – that consent is personal, not delegated,” said Gisèle Pelicot’s lawyer, her legal representative. “Consent is received directly and not via a representative from a spouse.”

Background

Dominique Pelicot, a notorious sexual predators in recent French history, was handed a sentence to twenty years in prison last year for drugging his wife at the time and inviting numerous individuals to rape her in her home in the town of the village of Mazan over a duration of nearly ten years of their union.

Fifty other men were found guilty in a high-profile trial last year, and Dogan was the only man to appeal against his verdict. He was initially sentenced to 9 years in prison, a penalty raised on Thursday to ten years.

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

Evidence Presented

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

Pelicot, who was brought from solitary confinement in prison to briefly testify at the hearing, informed the court that Dogan had been aware his wife had been “incapacitated” 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 wider discussion on societal attitudes in society as the defendant continued to say he was innocent and had not committed rape, arguing that because Gisèle Pelicot’s husband had welcomed him into the room, his conduct had been acceptable.

The jury in the higher court was presented with recorded footage of the victim's limp body, unconscious and breathing heavily in a comatose state, while a smiling Dogan engaged in violation multiple times over a period of what police said was 3.5 hours. The presiding judge said she had been at peril of death by choking. The prosecution said there was no question that she had been unaware and had not agreed.

Defendant's Statements

The defendant told the court the recordings were simply “sex scenes” and denied it was rape. He said what he did was “an intimate behavior”, not assault. He declared the court: “I never raped.” He said the victim's husband had invited him to the residence, and therefore it was acceptable. He said he was influenced by the husband. “I attempted to cease,” Dogan informed the court. “I proceeded because he convinced me.”

Inquired if he wanted to make a final statement to the court, Dogan said: “I had no desire to hurt that individual.”

Victim's Response

Gisèle Pelicot, who was cheered upon exiting the courtroom each day by supporters gathered to back her, addressed the defendant in court: “You do not grasp. When will you admit you raped me? It is unlawful to rape an incapacitated woman. At what point did I give you agreement? Never.”

The victim, seventy-two, became an international feminist hero after she waived her right to anonymity in the trial last year when she said: “The shame should shift.”

Legal Commentary

The prosecutor, addressing the victim in court, said Dogan’s unwillingness to take blame showed that: “Guilt has not shifted. Society is maybe in the midst of that, maybe motivated by the public consciousness brought by the exposure of your ordeal.”

Sie said Dogan’s claims of innocence showed how rape culture was still prevalent in society as part of “archaic” forms of “male domination”. He said: “It is imperative to change the culture of violence to a culture of consent.”

Sie said to Dogan: “For as much as you refuse to admit it, it’s not just a person, it’s an complete disturbing social system that you are supporting.”

Biographical Details

The accused was born in the country of Turkey and at the age of five relocated to France, where his father worked as a caretaker. The court heard that his parent was aggressive and that the defendant began consuming marijuana at the age of 10. When Dogan was 17 he was apprehended by authorities for selling narcotics and his parent kicked him out the residence. He served time in prison for drug dealing in his young adulthood and had worked as a builder but had experienced periods of being unhoused.

He was married and had a child with a genetic condition, 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 repeated intimate relations beyond their union. His legal team said this was his way of coping with his challenging existence. Dogan had stated to a court psychologist that each year he looked for transactional encounters on his birthday. His lawyers told the court he had joint inflammation resulting from the anxiety of the initial proceedings.