🔗 Share this article

A man has been found guilty on higher court review of raping Gisèle Pelicot after she was sedated by her spouse – and was given his jail term increased to ten years.

Higher Court Case

Husamettin Dogan, forty-four, an unemployed builder, who had challenged his initial guilty verdict last year, underwent a appeal hearing this week at the appeals court in Nîmes.

A panel of four women and five men, sitting with three judges, convicted Dogan on Thursday of raping Pelicot in her residence 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 then husband, Dominique Pelicot, in an digital platform named “without her knowledge”, where Pelicot was seeking men to visit his house to rape his wife once he had sedated 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 consent is personal, not given by another,” declared Gisèle Pelicot’s attorney, Antoine Camus. “Consent is secured personally and not by proxy from a spouse.”

Context

Dominique Pelicot, one of the worst sexual predators in recent French history, was sentenced to twenty years in prison last year for sedating his wife at the time and soliciting numerous individuals to rape her in her home in the town of the village of Mazan over a span of almost a decade of their marriage.

Fifty other men were found culpable in a notable trial last year, and the appellant was the single defendant to contest his sentence. He was originally handed a term to nine years in prison, a sentence increased on Thursday to 10 years.

The chief prosecutor, the prosecutor, had stated he should serve 12 years, because he “stubbornly rejects to take any accountability”.

Courtroom Details

The defendant had first sent the husband sexually explicit photos and then traveled an hour from his residence in the region to rape the victim, after notifying his wife he was going out, the court heard.

Pelicot, who was brought from isolation in prison to temporarily provide testimony at the hearing, stated to the court that Dogan had been aware his wife had been “drugged” and he communicated to men by phone: “I’m looking for someone to abuse 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 Dogan continued to claim he was not guilty and had not engaged in violation, contending that because Gisèle Pelicot’s husband had welcomed him into the room, his behavior had been justifiable.

The panel in the Nîmes appeals court was shown video evidence of the victim's unresponsive form, sedated and breathing heavily in a comatose state, while a grinning the perpetrator engaged in violation multiple times over a period of what police said was three and a half hours. The presiding judge said she had been at risk of fatal outcome by suffocation. The prosecution said there was no doubt that she had been incapacitated and had not agreed.

Accused's Testimony

The defendant told the court the videos were simply “sex scenes” and rejected it was assault. He said what he did was “a sexual act”, not rape. He told the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had allowed him to the house, and therefore it was acceptable. He said he was influenced by the husband. “I attempted to cease,” the accused stated to the court. “I carried on because he reassured me.”

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

Survivor's Statement

The survivor, who was cheered upon exiting the courtroom each day by crowds gathered to stand with her, said to the defendant in court: “You do not grasp. When will you admit you assaulted me? It is illegal to rape an incapacitated woman. At what point did I give you permission? At no time.”

The victim, 72, became an symbol of resistance after she waived her right to anonymity in the trial last year when she said: “Shame must change sides.”

State's Argument

Sie, addressing the victim in court, said Dogan’s refusal to take blame showed that: “Guilt has not shifted. The community is perhaps in the course of that, perhaps propelled by the societal understanding brought by the revelation of your ordeal.”

The prosecutor said the defendant's claims of non-guilt showed how societal tolerance was still common in society as part of “archaic” forms of “patriarchal control”. He said: “It is imperative to change rape culture to a society based on agreement.”

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

Defendant's Background

Dogan was originated from the country of Turkey and at the age of five moved to the nation of France, where his parent worked as a building manager. The court heard that his father was aggressive and that Dogan began smoking cannabis aged 10. When he was seventeen he was apprehended by authorities for dealing drugs and his parent kicked him out of home. He spent time in prison for drug dealing in his young adulthood and had worked as a construction worker but had undergone periods of being unhoused.

He was wed and had a son with a genetic condition, who he was the primary guardian for, as his wife worked in a school canteen. The testimony revealed his wife did not know he had frequent sexual encounters outside their union. His defence said this was his way of coping with his challenging existence. Dogan had stated to a mental health expert that each year he engaged in commercial sex on his birthday. His legal representatives stated to the court he had a medical condition triggered by the pressure of the initial proceedings.