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An individual was declared guilty on higher court review of raping Gisele Pelicot following she was sedated by her then-husband – and has had his jail term raised to 10 years.

Higher Court Case

Husamettin Dogan, 44, an unemployed builder, who had challenged his first conviction last year, faced a retrial this week at the higher court in Nîmes.

A panel of five men and four women, sitting with three judges, convicted Dogan on Thursday of raping the victim in her residence in the south of France in the early hours of June 29, 2019.

The court heard that Dogan, a married father, reached out to Gisèle Pelicot’s then husband, the husband, in an digital platform titled “without her consent”, where Pelicot was seeking men to come to his home to rape his wife after he had sedated her into a comatose state.

“We hope the court will affirm that in this society, human rights are also women’s rights – that permission is personal, not delegated,” stated Gisèle Pelicot’s lawyer, Antoine Camus. “Agreement is secured directly and not through someone else from a spouse.”

Case History

The husband, among the most severe sexual predators in France's contemporary records, was given a prison term to twenty years in prison last year for drugging his then wife and bringing in numerous individuals to sexually assault her in her home in the community of the village of Mazan over a duration of almost a decade of their union.

Numerous other individuals were found culpable in a notable trial last year, and the appellant was the only man to challenge his sentence. He was first handed a term to nine years in prison, a punishment enhanced on Thursday to a decade.

The chief prosecutor, the prosecutor, had contended he should serve 12 years, because he “completely denies to take any accountability”.

Evidence Presented

The defendant had first sent Dominique Pelicot sexually explicit photos and then driven an hour from his village in the region to assault Gisèle Pelicot, after telling his wife he was stepping out, the evidence indicated.

Pelicot, who was transported from segregation in prison to briefly give evidence at the retrial, informed the court that the accused had known his wife had been “drugged” and he told to men by phone: “I’m looking for someone to abuse my wife after I’ve rendered her unconscious without her knowledge.”

The courtroom became a key topic for a broader debate on sexual violence norms in society as the defendant continued to say he was not guilty and had not perpetrated assault, stating that because the victim's husband had invited him into the bedroom, his conduct had been permissible.

The jury in the Nîmes appeals court was shown recorded footage of the victim's unresponsive form, unconscious and snoring in a comatose state, while a grinning the perpetrator committed rape repeatedly over a duration of what investigators stated was several hours. The court official said she had been at risk of fatal outcome by suffocation. The state prosecution said there was no question that she had been unaware and had not given permission.

Dogan's Claims

Dogan told the court the videos were simply “sex scenes” and denied it was violation. He said what he did was “a sexual act”, not rape. He told the court: “I never raped.” He said Gisèle Pelicot’s husband had invited him to the home, and therefore it was acceptable. He said he was deceived by Dominique Pelicot. “I wanted to stop,” the accused told the court. “I continued because he persuaded me.”

Inquired if he wanted to make a last words to the court, the defendant said: “I had no desire to hurt that lady.”

Survivor's Statement

The victim, who was cheered upon departing the trial each day by supporters gathered to support her, addressed the defendant in court: “You do not grasp. When will you admit you violated me? It is unlawful to assault an incapacitated woman. How could I have give you agreement? Not once.”

Gisèle Pelicot, 72, became an international feminist hero after she relinquished her right to privacy in the trial last year when she said: “Guilt ought to transfer.”

State's Argument

The prosecutor, speaking to 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, perhaps propelled by the public consciousness brought by the publication of your case.”

Sie said the defendant's claims of innocence showed how rape culture was still common in society as part of “outdated” forms of “patriarchal control”. He said: “We need to change rape culture to a culture of consent.”

The prosecutor addressed the defendant: “While you refuse to admit it, it’s not just a individual, it’s an whole disturbing social system that you are upholding.”

Defendant's Background

Dogan was originated from the country of Turkey and at the age of 5 came to the nation of France, where his father worked as a building manager. The testimony revealed that his parent was violent and that Dogan began consuming marijuana at the age of 10. When he was seventeen he was stopped by police for selling narcotics and his father kicked him out the family house. He served time in prison for narcotics offenses in his early 20s and had worked as a construction worker but had undergone periods of homelessness.

He was wed and had a child with a genetic condition, who he was the primary guardian for, as his spouse worked in a school canteen. The court heard his spouse did not know he had frequent intimate relations beyond their union. His legal team said this was his method of dealing with his stressful life. Dogan had informed a evaluator that once a year he looked for commercial sex on his special day. His legal representatives informed the court he had a medical condition triggered by the stress of the first trial.