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A man has been found guilty on higher court review of raping Gisele Pelicot following she was drugged unconscious by her then-husband – and received his prison sentence increased to ten years.

Higher Court Case

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

A panel of four women and five men, accompanied by three judges, ruled against Dogan on Thursday of sexually assaulting Pelicot in her home in the south of France in the morning of June 29, 2019.

The testimony revealed that the accused, a family man, made contact with Gisèle Pelicot’s spouse, Dominique Pelicot, in an internet forum named “unbeknownst to her”, where Pelicot was looking for men to come to his home to rape his wife once he had rendered her unconscious into a deep sleep.

We expect the panel will declare that in this country, fundamental rights are also rights of women – that consent is personal, not given by another,” declared the victim's lawyer, her legal representative. “Permission is received directly and not via a representative from a spouse.”

Context

The husband, among the most severe sex offenders in France's contemporary records, was given a prison term to twenty years in prison last year for drugging his then wife and inviting numerous individuals to rape her in her home in the community of the village of Mazan over a span of nearly ten years of their union.

Numerous other individuals were found guilty in a high-profile trial last year, and Dogan was the only man to appeal against his verdict. He was first given a sentence to nine years in prison, a penalty increased on Thursday to 10 years.

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

Evidence Presented

Dogan had first sent Dominique Pelicot sexually explicit photos and then driven an hour from his village in the region to assault Gisèle Pelicot, after notifying his wife he was stepping out, the testimony revealed.

Pelicot, who was brought from segregation in prison to briefly give evidence at the hearing, stated to the court that the accused had been aware his wife had been “drugged” and he told to men by phone: “I seek someone to violate my wife after I’ve sedated her without her consent.”

The trial became a focus point for a wider discussion on sexual violence norms in society as the defendant continued to claim he was innocent and had not engaged in violation, contending that because Gisèle Pelicot’s husband had invited him into the room, his behavior had been permissible.

The panel in the higher court was presented with recorded footage of the victim's limp body, unconscious and breathing heavily in a comatose state, while a grinning Dogan performed assault multiple times over a timeframe of what police said was several hours. The court official said she had been at risk of fatal outcome by asphyxiation. The state's case said there was no question that she had been incapacitated and had not agreed.

Accused's Testimony

The defendant stated to the court the videos were simply “sex scenes” and disputed it was rape. 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 invited him to the house, and therefore it was OK. He said he was deceived by the husband. “I wanted to stop,” Dogan informed the court. “I proceeded because he convinced me.”

Asked if he wanted to make a closing remarks to the court, Dogan said: “I did not intend to harm that lady.”

Survivor's Statement

The survivor, who was applauded upon exiting the courtroom each day by onlookers gathered to support her, told Dogan in court: “You fail to comprehend. When will you admit you raped me? It is illegal to rape an unconscious woman. When did I ever give you agreement? Not once.”

The victim, 72, became an global icon after she waived her right to privacy in the trial last year when she said: “Shame must change sides.”

State's Argument

Sie, addressing Gisèle Pelicot in court, said Dogan’s failure to take blame showed that: “Guilt has not shifted. Society is perhaps in the course of that, perhaps driven by the public consciousness resulting from the revelation of your case.”

Sie said Dogan’s claims of innocence showed how societal tolerance was still common in society as part of “archaic” forms of “male domination”. He said: “It is imperative to change the culture of violence to a ethos of permission.”

Sie addressed the defendant: “While you deny it, it’s not just a woman, it’s an whole sordid societal structure that you are supporting.”

Defendant's Background

Dogan was originated from Turkey and at the age of five moved to France, where his father worked as a concierge. The testimony revealed that his father was abusive and that Dogan began smoking cannabis at the age of 10. When Dogan was 17 he was stopped by authorities for dealing drugs and his father kicked him out the residence. He was incarcerated in prison for narcotics offenses in his early 20s 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 principal carer for, as his wife worked in a institution's dining hall. The evidence showed his wife did not know he had frequent intimate relations outside their marriage. His legal team said this was his strategy for managing with his stressful life. The defendant had told a evaluator that annually he engaged in transactional encounters on his birthday. His legal representatives stated to the court he had arthritis resulting from the anxiety of the first trial.