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An individual has been found guilty on appeal of raping Gisele Pelicot after she was drugged unconscious by her then-husband – and received his incarceration period raised to ten years.

Appeal Trial

Husamettin Dogan, 44, an unemployed builder, who had contested his first conviction last year, faced a retrial this week at the appeals court in Nîmes.

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

The court heard that the accused, a married father, made contact with the victim's then husband, Dominique Pelicot, in an online chatroom titled “without her knowledge”, where the husband was seeking men to come to his home to assault his wife after he had rendered her unconscious into a unconscious state.

We trust the jury will declare that in this country, fundamental rights are also rights of women – that consent is individual, not delegated,” declared Gisèle Pelicot’s lawyer, her legal representative. “Permission is obtained directly and not by proxy from a husband.”

Case History

Dominique Pelicot, one of the worst sexual predators in modern French history, was sentenced to 20 years in prison last year for sedating his then wife and inviting multiple perpetrators to rape her in her home in the town of Mazan over a duration of many years of their union.

Dozens of additional defendants were found convicted in a high-profile trial last year, and Dogan was the single defendant to appeal against his conviction. He was originally handed a term to nine years in prison, a penalty enhanced on Thursday to 10 years.

The lead state prosecutor, Dominique Sie, had contended he should serve 12 years, because he “stubbornly rejects to take any responsibility”.

Evidence Presented

Dogan had first sent the husband graphic images and then driven an hour from his village in Provence to rape the victim, after informing his wife he was leaving, the testimony revealed.

The ex-husband, who was brought from solitary confinement in prison to temporarily give evidence at the hearing, told the court that Dogan had been aware his wife had been “sedated” and he told to men by phone: “I seek someone to abuse my wife after I’ve rendered her unconscious unbeknownst to her.”

The proceedings became a central issue for a larger conversation on sexual violence norms in society as the defendant continued to assert he was blameless and had not committed rape, stating that because the victim's husband had welcomed him into the residence, his behavior had been acceptable.

The jury in the higher court was shown visual proof of the victim's unconscious figure, unconscious and breathing heavily in a deep sleep, while a smiling the perpetrator committed rape repeatedly over a duration of what authorities reported was several hours. The judge said she had been at risk of death by choking. The state prosecution said there was no question that she had been unconscious and had not agreed.

Accused's Testimony

Dogan stated to the court the footage were simply “sex scenes” and denied it was rape. He said what he did was “a consensual activity”, not rape. He told the court: “I never raped.” He said the victim's husband had brought him to the house, and therefore it was OK. He said he was manipulated by Dominique Pelicot. “I wanted to stop,” the accused told the court. “I proceeded because he convinced me.”

Asked if he wanted to make a closing remarks to the court, Dogan said: “I had no desire to hurt that individual.”

Victim's Response

Gisèle Pelicot, who was applauded upon exiting the courtroom each day by onlookers assembled to back her, addressed Dogan in court: “You fail to comprehend. When are you going to recognise you assaulted me? It’s a crime to rape an unaware woman. At what point did I give you consent? Never.”

The victim, 72, became an international feminist hero after she waived her right to privacy in the trial last year when she said: “The shame should shift.”

Prosecutor's Remarks

Sie, turning to Gisèle Pelicot in court, said the defendant's unwillingness to take accountability showed that: “Shame has not yet changed sides. The community is possibly in the process of that, maybe propelled by the societal understanding spurred by the publication of your situation.”

Sie said the defendant's claims of blamelessness showed how normalized violence was still common in society as part of “archaic” forms of “male domination”. He said: “We need to change the culture of violence to a ethos of permission.”

The prosecutor addressed the defendant: “For as much as you deny it, it’s not just a woman, it’s an complete unpleasant societal structure that you are endorsing.”

Personal History

The accused was born in Turkey and at the age of five moved to France, where his parent worked as a caretaker. The testimony revealed that his father was abusive and that Dogan began consuming marijuana at the age of 10. When he was seventeen he was caught by authorities for drug trafficking and his father forced him to leave the residence. He spent time in prison for narcotics offenses in his young adulthood and had worked as a construction worker but had undergone periods of living on the streets.

He was married and had a son with a genetic condition, 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 frequent extramarital activities outside their union. His defence said this was his strategy for managing with his difficult circumstances. The defendant had told a court psychologist that once a year he engaged in paid sex on his birthday. His lawyers stated to the court he had arthritis resulting from the pressure of the original case.