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A man was convicted on appeal of raping Gisèle Pelicot after she was drugged unconscious by her spouse – and has had his jail term extended to ten years.

Retrial Proceedings

Husamettin Dogan, forty-four, an out-of-work construction worker, who had challenged his first conviction last year, experienced a appeal hearing this week at the Nîmes court of appeal.

A jury of nine jurors, joined by three judges, ruled against Dogan on Thursday of raping the victim in her residence in Provence in the early hours of 29 June 2019.

The court heard that the accused, a married father, made contact with the victim's husband at the time, 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 rendered her unconscious into a comatose state.

We expect the jury will say loud and clear that in this society, human rights are also rights of women – that permission is individual, not delegated,” declared the victim's lawyer, her legal representative. “Agreement is received directly and not through someone else from a husband.”

Case History

The husband, a notorious sex offenders in recent French history, was sentenced to 20 years in prison last year for sedating his wife at the time and bringing in multiple perpetrators to rape her in her home in the community 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 contest his conviction. He was first handed a term to 9 years in prison, a sentence increased on Thursday to 10 years.

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

Testimony and Proof

The defendant had first sent Dominique Pelicot inappropriate pictures and then driven an hour from his residence in Provence to assault the victim, after notifying his wife he was leaving, the evidence indicated.

Pelicot, who was transported from solitary confinement in prison to briefly provide testimony at the hearing, informed the court that the accused had been aware his wife had been “drugged” and he told to men by phone: “I seek someone to abuse my wife after I’ve sedated her without her consent.”

The trial became a focus point for a larger conversation on sexual violence norms in society as Dogan continued to say he was not guilty and had not perpetrated assault, contending that because the victim's husband had allowed him into the residence, his conduct had been justifiable.

The panel in the higher court was shown recorded footage of Gisèle Pelicot’s unresponsive form, unconscious and breathing heavily in a deep sleep, while a smiling the perpetrator engaged in violation repeatedly over a duration of what police said was three and a half hours. The judge said she had been at risk of fatal outcome by asphyxiation. The state prosecution said there was no doubt that she had been unaware and had not given permission.

Dogan's Claims

The defendant stated to the court the footage were simply “sex scenes” and disputed it was assault. He said what he did was “a sexual act”, not rape. He told the court: “I did not commit rape.” He said the victim's husband had allowed him to the residence, and therefore it was acceptable. He said he was influenced by the husband. “I wanted to stop,” the accused told the court. “I proceeded because he convinced me.”

Inquired if he wanted to make a closing remarks to the court, Dogan said: “I had no desire to harm that woman.”

Survivor's Statement

Gisèle Pelicot, who was cheered upon exiting the courtroom each day by crowds gathered to stand with her, told Dogan in court: “You fail to comprehend. When are you going to recognise you raped me? It is unlawful to rape an unconscious woman. When did I ever give you consent? Never.”

The victim, seventy-two, became an symbol of resistance after she waived her right to confidentiality in the trial last year when she said: “The shame should shift.”

Prosecutor's Remarks

The prosecutor, speaking to Gisèle Pelicot in court, said the defendant's unwillingness to take accountability showed that: “The shame remains. The community is possibly in the course of that, maybe motivated by the societal understanding brought by the publication of your ordeal.”

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

Sie told Dogan: “As long as you deny it, it’s not just a person, it’s an entire unpleasant social system that you are endorsing.”

Personal History

The accused was born in Turkey and at the age of 5 relocated to the nation of France, where his father worked as a building manager. The evidence indicated that his father was violent and that Dogan began smoking cannabis aged ten. When he was 17 he was caught by authorities for drug trafficking and his father evicted him of home. He spent time in prison for drug dealing in his young adulthood and had worked as a laborer but had faced periods of homelessness.

He was married and had a son with a genetic condition, who he was the principal carer for, as his wife worked in a educational cafeteria. The court heard his spouse did not know he had frequent intimate relations beyond their marriage. His defence said this was his way of coping with his stressful life. The defendant had told a court psychologist that annually he looked for commercial sex on his special day. His attorneys stated to the court he had joint inflammation resulting from the pressure of the original case.