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An individual has been found guilty on appeal of raping Gisèle Pelicot after she was sedated by her husband – and was given his prison sentence increased to ten years.

Higher Court Case

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

A panel of nine jurors, sitting with three judges, found Dogan guilty on Thursday of sexually assaulting Pelicot in her residence in southern France in the early hours of June 29, 2019.

The evidence showed that the accused, a married father, reached out to the victim's spouse, the husband, in an digital platform called “without her knowledge”, where Pelicot was looking for men to visit his house to rape his wife once he had drugged her into a comatose state.

“We hope the court will affirm that in this society, fundamental rights are also rights of women – that permission is individual, not delegated,” declared the victim's attorney, Antoine Camus. “Agreement is obtained directly and not by proxy from a husband.”

Case History

The ex-husband, among the most severe sexual predators in recent French history, was given a prison term to two decades in prison last year for incapacitating 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 nearly ten years of their union.

Fifty other men were found guilty in a notable trial last year, and the appellant was the single defendant to contest his verdict. He was originally given a sentence to nine years in prison, a penalty raised on Thursday to a decade.

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

Evidence Presented

The defendant had initially sent Dominique Pelicot inappropriate pictures and then traveled an hour from his residence in the region to assault the victim, after notifying his wife he was going out, the evidence indicated.

Pelicot, who was brought from isolation in prison to temporarily testify at the retrial, stated to the court that Dogan had been aware his wife had been “sedated” and he told to men by phone: “I want someone to abuse my wife after I’ve rendered her unconscious without her consent.”

The proceedings became a key topic for a larger conversation on societal attitudes in society as Dogan continued to say he was not guilty and had not committed rape, arguing that because Gisèle Pelicot’s husband had invited him into the room, his conduct had been acceptable.

The panel in the Nîmes appeals court was displayed video evidence of the victim's limp body, unconscious and breathing heavily in a deep sleep, while a grinning the perpetrator engaged in violation on several occasions over a duration of what authorities reported was several hours. The presiding judge said she had been at danger of death by asphyxiation. The prosecution said there was absolute certainty that she had been unaware and had not given permission.

Defendant's Statements

The defendant informed the court the footage were simply “sexual encounters” and rejected it was violation. He said what he did was “a sexual act”, not rape. He stated the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had brought him to the residence, and therefore it was permissible. He said he was manipulated by Dominique Pelicot. “I wanted to stop,” the accused informed the court. “I proceeded because he reassured me.”

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

Survivor's Statement

The survivor, who was supported upon leaving court each day by supporters gathered to stand with her, told Dogan in court: “You do not grasp. When will you admit you raped me? It’s a crime to rape an unconscious woman. How could I have give you permission? Never.”

The victim, 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.”

State's Argument

Sie, addressing the victim in court, said the defendant's refusal to take accountability showed that: “Guilt has not shifted. The public is possibly in the midst of that, possibly driven by the societal understanding resulting from the exposure of your ordeal.”

The prosecutor said the defendant's claims of innocence showed how societal tolerance was still widespread in society as part of “outdated” forms of “male domination”. He said: “Now we must change rape culture to a society based on agreement.”

The prosecutor said to Dogan: “While you deny it, it’s not just a woman, it’s an whole disturbing societal structure that you are supporting.”

Personal History

Dogan was originated from Turkey and at the age of five moved to France, where his parent worked as a building manager. The testimony revealed that his father was abusive and that Dogan began smoking cannabis aged 10. When he was seventeen he was caught by authorities for selling narcotics and his parent evicted him the family house. He spent time in prison for drug dealing in his early 20s and had worked as a construction worker but had experienced periods of living on the streets.

He was wed and had a child with a genetic condition, who he was the main caregiver for, as his wife worked in a school canteen. The court heard his spouse did not know he had frequent intimate relations outside their union. His defence said this was his strategy for managing with his difficult circumstances. Dogan had told a mental health expert that annually he engaged in transactional encounters on his birthday. His attorneys told the court he had joint inflammation triggered by the anxiety of the first trial.