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A man was convicted on higher court review of raping Gisele Pelicot after she was drugged unconscious by her husband – and was given his jail term raised to ten years.

Higher Court Case

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

A panel of four women and five men, joined by three judges, convicted Dogan on Thursday of sexually assaulting the victim in her bedroom in the south of France in the morning of June 29, 2019.

The testimony revealed that the accused, a family man, made contact with the victim's spouse, Dominique Pelicot, in an online chatroom named “without her consent”, where Pelicot was recruiting men to come to his home to rape his wife once he had drugged her into a deep sleep.

We trust the court will declare that in this society, fundamental rights are also women’s rights – that permission is individual, not transferred,” declared the victim's attorney, her legal representative. “Agreement is received personally and not by proxy from a spouse.”

Background

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 wife at the time and bringing in dozens of men to sexually assault her in her home in the Provence village of Mazan over a period of almost a decade of their union.

Dozens of additional defendants were found convicted in a high-profile trial last year, and Dogan was the only man to challenge his verdict. He was initially handed a term to 9 years in prison, a sentence enhanced on Thursday to 10 years.

The lead state prosecutor, the prosecutor, had stated he should serve 12 years, because he “completely denies to take any responsibility”.

Courtroom Details

Dogan had initially sent the husband inappropriate pictures and then traveled an hour from his village in the region to assault Gisèle Pelicot, after notifying his wife he was leaving, the evidence indicated.

Pelicot, who was brought from segregation in prison to temporarily testify at the hearing, informed the court that Dogan had been aware his wife had been “sedated” and he said to men by phone: “I want someone to abuse my wife after I’ve put her to sleep unbeknownst to her.”

The proceedings became a focus point for a larger conversation on societal attitudes in society as the defendant continued to claim he was innocent and had not engaged in violation, stating that because Gisèle Pelicot’s husband had welcomed him into the bedroom, his behavior had been justifiable.

The panel in the Nîmes appeals court was displayed visual proof of Gisèle Pelicot’s unresponsive form, unconscious and snoring in a unconscious condition, while a smiling Dogan performed assault multiple times over a period of what police said was 3.5 hours. The judge said she had been at risk of death by suffocation. The state prosecution said there was absolute certainty that she had been incapacitated and had not agreed.

Dogan's Claims

Dogan stated to the court the recordings were simply “intimate moments” and rejected it was violation. He said what he did was “a consensual activity”, not rape. He told the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had brought him to the house, and therefore it was permissible. He said he was manipulated by Dominique Pelicot. “I tried to halt,” Dogan informed the court. “I continued because he convinced me.”

Inquired if he wanted to make a final statement to the court, the defendant said: “I did not intend to injure that lady.”

Victim's Response

The survivor, who was supported upon departing the trial each day by supporters gathered to back her, addressed the defendant in court: “You fail to comprehend. When will you acknowledge you raped me? It is illegal to assault an unconscious woman. How could I have give you permission? Not once.”

Gisèle Pelicot, seventy-two, became an international feminist hero after she gave up her right to confidentiality in the trial last year when she said: “The shame should shift.”

State's Argument

The prosecutor, addressing Gisèle Pelicot in court, said the defendant's refusal to take accountability showed that: “Shame has not yet changed sides. The community is perhaps in the course of that, perhaps driven by the societal understanding brought by the revelation of your case.”

The prosecutor said the defendant's claims of innocence showed how societal tolerance was still prevalent in society as part of “outdated” forms of “gender-based power”. He said: “We need to change rape culture to a society based on agreement.”

The prosecutor told the defendant: “While you deny it, it’s not just a woman, it’s an complete disturbing societal structure that you are supporting.”

Defendant's Background

Dogan was originated from the country of Turkey and at the age of five relocated to the nation of France, where his father worked as a concierge. The evidence indicated that his parent was abusive and that the defendant began using drugs at the age of ten. When he was 17 he was apprehended by authorities for dealing drugs and his parent evicted him the residence. He was incarcerated in prison for narcotics offenses in his twenties and had worked as a builder but had faced periods of being unhoused.

He was married and had a child with a genetic condition, who he was the primary guardian for, as his spouse worked in a institution's dining hall. The testimony revealed his wife did not know he had regular extramarital activities outside their union. His legal team said this was his strategy for managing with his challenging existence. Dogan had informed a mental health expert that each year he engaged in paid sex on his birthday. His legal representatives stated to the court he had arthritis triggered by the pressure of the initial proceedings.