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A defendant was convicted on higher court review of raping Gisèle Pelicot after she was sedated by her spouse – and received his incarceration period increased to ten years.

Higher Court Case

Husamettin Dogan, 44, an out-of-work construction worker, who had challenged his initial guilty verdict last year, faced a retrial this week at the appeals court in Nîmes.

A jury of five men and four women, joined by three judges, ruled against Dogan on Thursday of raping Pelicot in her bedroom in southern France in the morning of 29 June 2019.

The evidence showed that the accused, a family man, reached out to Gisèle Pelicot’s spouse, the husband, in an digital platform titled “unbeknownst to her”, where the husband was recruiting men to enter his residence to rape his wife after he had drugged her into a deep sleep.

“We hope the jury will affirm that in this country, human rights are also rights of women – that agreement is personal, not given by another,” declared Gisèle Pelicot’s lawyer, her legal representative. “Agreement is obtained directly and not via a representative from a spouse.”

Context

The husband, one of the worst sex offenders in recent French history, was sentenced to 20 years in prison last year for sedating his wife at the time and inviting multiple perpetrators to sexually assault her in her home in the town of the village of Mazan over a period of almost a decade of their union.

Fifty other men were found culpable in a notable trial last year, and the appellant was the single defendant to appeal against his conviction. He was originally sentenced to nine years in prison, a sentence enhanced on Thursday to ten years.

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

Courtroom Details

The defendant had initially sent the husband inappropriate pictures and then driven an hour from his village in the region to rape the victim, after notifying his wife he was leaving, the testimony revealed.

Pelicot, who was brought from solitary confinement in prison to temporarily testify at the appeal trial, told the court that the accused had understood his wife had been “sedated” and he communicated to men by phone: “I seek someone to violate my wife after I’ve put her to sleep without her knowledge.”

The trial became a central issue for a broader debate on rape culture in society as Dogan continued to say he was innocent and had not committed rape, contending that because the victim's husband had invited him into the bedroom, his behavior had been justifiable.

The panel in the higher court was shown recorded footage of the victim's limp body, sedated and breathing heavily in a deep sleep, while a grinning Dogan performed assault on several occasions over a period of what authorities reported was several hours. The court official said she had been at danger of fatal outcome by suffocation. The state prosecution said there was absolute certainty that she had been unconscious and had not given permission.

Accused's Testimony

The defendant informed the court the footage were simply “sex scenes” and disputed it was rape. He said what he did was “a consensual activity”, not assault. He declared the court: “I am innocent of assault.” He said the victim's husband had invited him to the residence, and therefore it was OK. He said he was manipulated by Dominique Pelicot. “I wanted to stop,” Dogan stated to the court. “I proceeded because he persuaded me.”

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

Survivor's Statement

The survivor, who was supported upon exiting the courtroom each day by crowds assembled to stand with her, addressed the defendant in court: “You fail to comprehend. When are you going to recognise you assaulted me? It is illegal to assault an unconscious woman. When did I ever give you permission? At no time.”

The victim, seventy-two, became an symbol of resistance after she relinquished her right to privacy in the trial last year when she said: “Shame must change sides.”

Legal Commentary

Sie, speaking to Gisèle Pelicot in court, said Dogan’s refusal to take blame showed that: “The shame remains. Society is possibly in the midst of that, possibly driven by the collective awareness spurred by the exposure of your ordeal.”

Sie said Dogan’s claims of innocence showed how societal tolerance was still prevalent in society as part of “outdated” forms of “male domination”. He said: “We need to change rape culture to a culture of consent.”

Sie said to the defendant: “As long as you refuse to admit it, it’s not just a person, it’s an whole unpleasant social system that you are upholding.”

Defendant's Background

Dogan was born in the country of Turkey and at the age of five relocated to France, where his father worked as a building manager. The court heard that his parent was abusive and that Dogan began smoking cannabis at the age of ten. When Dogan was seventeen he was caught by police for drug trafficking and his parent evicted him the residence. He spent time in prison for narcotics offenses in his early 20s and had worked as a laborer but had faced periods of homelessness.

He was married and had a child with a genetic condition, who he was the principal carer for, as his wife worked in a school canteen. The testimony revealed his spouse did not know he had regular extramarital activities outside their union. His legal team said this was his method of dealing with his difficult circumstances. Dogan had stated to a court psychologist that once a year he looked for paid sex on his birthday. His attorneys told the court he had arthritis caused by the anxiety of the original case.