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A man has been found guilty on appeal of raping Gisèle Pelicot following she was sedated by her spouse – and has had his prison sentence raised to 10 years.

Appeal Trial

Husamettin Dogan, forty-four, an out-of-work construction worker, who had contested 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, found Dogan guilty on Thursday of sexually assaulting Pelicot in her bedroom in southern France in the morning of June 29, 2019.

The testimony revealed that the accused, a married father, made contact with the victim's then husband, the husband, in an internet forum named “without her consent”, where Pelicot was seeking men to come to his home to assault his wife once he had rendered her unconscious into a comatose state.

We trust the jury will say loud and clear that in this country, fundamental rights are also rights of women – that permission is individual, not given by another,” declared the victim's lawyer, Antoine Camus. “Agreement is obtained personally and not via a representative from a spouse.”

Case History

Dominique Pelicot, one of the worst sex offenders in France's contemporary records, was handed a sentence to two decades in prison last year for sedating his spouse and bringing in multiple perpetrators to rape her in her home in the Provence village of the village of Mazan over a duration of many years of their union.

Fifty other men were found convicted in a widely publicized trial last year, and the appellant was the only man to appeal against his sentence. He was first handed a term to 9 years in prison, a punishment raised on Thursday to ten years.

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

Testimony and Proof

Dogan had initially sent the husband graphic images and then driven an hour from his village in the region to rape Gisèle Pelicot, after telling his wife he was stepping out, the testimony revealed.

The ex-husband, who was transported from solitary confinement in prison to temporarily testify at the hearing, told the court that the accused had understood his wife had been “incapacitated” and he said to men by phone: “I’m looking for someone to abuse my wife after I’ve put her to sleep unbeknownst to her.”

The trial became a key topic for a broader debate on rape culture in society as Dogan continued to claim he was not guilty and had not perpetrated assault, arguing that because the victim's husband had allowed him into the room, his behavior had been justifiable.

The jury in the Nîmes appeals court was shown video evidence of the victim's unresponsive form, sedated and snoring in a deep sleep, while a smiling the perpetrator performed assault on several occasions over a period of what authorities reported was 3.5 hours. The judge said she had been at risk of fatal outcome by asphyxiation. The prosecution said there was no doubt that she had been unconscious and had not agreed.

Defendant's Statements

The defendant stated to the court the recordings were simply “intimate moments” and rejected it was assault. He said what he did was “a sexual act”, not rape. He stated the court: “I am innocent of assault.” 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 tried to halt,” Dogan informed the court. “I continued because he persuaded me.”

Asked if he wanted to make a final statement to the court, Dogan said: “I did not intend to injure that woman.”

Survivor's Statement

Gisèle Pelicot, who was applauded upon exiting the courtroom each day by onlookers gathered to support her, told the defendant in court: “You fail to comprehend. When will you acknowledge you raped me? It is unlawful to rape an unaware woman. When did I ever give you consent? Never.”

The victim, seventy-two, became an international feminist hero after she gave up her right to anonymity in the trial last year when she said: “Guilt ought to transfer.”

Legal Commentary

Sie, addressing Gisèle Pelicot in court, said Dogan’s failure to take responsibility showed that: “Shame has not yet changed sides. The community is perhaps in the midst of that, possibly driven by the collective awareness brought by the publication of your case.”

The prosecutor said Dogan’s claims of innocence showed how societal tolerance was still widespread in society as part of “archaic” forms of “gender-based power”. He said: “Now we must change rape culture to a society based on agreement.”

The prosecutor addressed Dogan: “For as much as you deny it, it’s not just a person, it’s an whole sordid cultural framework that you are supporting.”

Defendant's Background

The accused was originated from Turkey and at the age of 5 relocated to the nation of France, where his father worked as a concierge. The testimony revealed that his father was abusive and that Dogan began using drugs aged ten. When he was 17 he was stopped by police for dealing drugs and his father forced him to leave the residence. He spent time in prison for trafficking in his young adulthood and had worked as a builder but had experienced periods of homelessness.

He was wed and had a son with a genetic condition, who he was the main caregiver for, as his wife worked in a school canteen. The testimony revealed his wife did not know he had regular extramarital activities beyond their marriage. His defence said this was his strategy for managing with his difficult circumstances. The defendant had stated to a mental health expert that each year he sought commercial sex on his birthday. His legal representatives told the court he had joint inflammation triggered by the pressure of the original case.