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An individual has been found guilty on higher court review of raping Gisèle Pelicot after she was sedated 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 challenged his initial guilty verdict last year, faced a retrial this week at the Nîmes court of appeal.

A jury of four women and five men, sitting with three judges, ruled against Dogan on Thursday of raping the victim in her bedroom in the south of France in the morning of 29 June 2019.

The testimony revealed that Dogan, a married father, reached out to the victim's then husband, the husband, in an internet forum called “unbeknownst to her”, where the husband was recruiting men to enter his residence to assault his wife after he had drugged her into a comatose state.

“We hope the court will say loud and clear that in this society, fundamental rights are also rights of women – that agreement is individual, not transferred,” said the victim's lawyer, her legal representative. “Consent is secured personally and not via a representative from a husband.”

Case History

The ex-husband, a notorious sex offenders in modern French history, was handed a sentence to 20 years in prison last year for sedating his spouse and bringing in numerous individuals to sexually assault her in her home in the Provence village of the village of Mazan over a duration of nearly ten years of their union.

Fifty other men were found guilty in a widely publicized trial last year, and Dogan was the sole individual to appeal against his conviction. He was originally given a sentence to 9 years in prison, a punishment increased on Thursday to 10 years.

The chief prosecutor, the prosecutor, had contended he should serve twelve years, because he “stubbornly rejects to take any accountability”.

Testimony and Proof

Dogan had initially sent the husband sexually explicit photos and then driven an hour from his town in the region to assault Gisèle Pelicot, after telling his wife he was going out, the testimony revealed.

The ex-husband, who was brought from isolation in prison to temporarily testify at the retrial, informed the court that the accused had understood his wife had been “drugged” and he communicated to men by phone: “I seek someone to violate my wife after I’ve sedated her without her knowledge.”

The courtroom became a central issue for a wider discussion on sexual violence norms in society as the defendant continued to assert he was innocent and had not engaged in violation, arguing that because Gisèle Pelicot’s husband had welcomed him into the bedroom, his conduct had been acceptable.

The jury in the Nîmes appeals court was shown visual proof of Gisèle Pelicot’s unconscious figure, comatose and snoring in a deep sleep, while a grinning the perpetrator engaged in violation multiple times over a timeframe of what investigators stated was three and a half hours. The judge said she had been at danger of death by asphyxiation. The prosecution said there was no doubt that she had been incapacitated and had not given permission.

Defendant's Statements

Dogan 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 the victim's husband had brought him to the home, and therefore it was OK. He said he was deceived by Dominique Pelicot. “I attempted to cease,” the accused told the court. “I proceeded because he persuaded me.”

Questioned if he wanted to make a final statement to the court, Dogan said: “I did not intend to hurt that individual.”

Pelicot's Words

Gisèle Pelicot, who was applauded upon departing the trial each day by crowds present to support her, said to the defendant in court: “You do not grasp. When will you admit you raped me? It is illegal to assault an unaware woman. At what point did I give you consent? At no time.”

Gisèle Pelicot, seventy-two, became an global icon after she relinquished her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

Sie, speaking to the victim in court, said Dogan’s failure to take accountability showed that: “The shame remains. The community is maybe in the course of that, perhaps driven by the collective awareness resulting from the revelation of your situation.”

Sie said Dogan’s claims of non-guilt showed how societal tolerance was still widespread in society as part of “outdated” forms of “patriarchal control”. He said: “It is imperative to change the culture of violence to a society based on agreement.”

The prosecutor said to the defendant: “For as much as you refuse to admit it, it’s not just a woman, it’s an entire sordid social system that you are supporting.”

Biographical Details

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 evidence indicated that his father was aggressive and that Dogan began smoking cannabis at the age of 10. When Dogan was seventeen he was apprehended by police for dealing drugs and his parent kicked him out the residence. He was incarcerated in prison for trafficking in his twenties and had worked as a construction worker but had undergone periods of living on the streets.

He was married and had a son with Down’s syndrome, 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 repeated sexual encounters outside their union. His defence said this was his strategy for managing with his challenging existence. Dogan had told a mental health expert that once a year he engaged in paid sex on his birthday. His legal representatives told the court he had joint inflammation resulting from the stress of the initial proceedings.