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A man has been found guilty on higher court review of raping Gisèle Pelicot after she was drugged unconscious by her spouse – and received his incarceration period extended to 10 years.

Appeal Trial

Husamettin Dogan, forty-four, an unemployed builder, who had appealed his initial guilty verdict last year, experienced a retrial this week at the Nîmes court of appeal.

A jury of five men and four women, accompanied by three judges, ruled against Dogan on Thursday of raping the victim in her home in Provence in the morning of June 29, 2019.

The court heard that Dogan, a married father, made contact with the victim's husband at the time, Dominique Pelicot, in an digital platform called “without her knowledge”, where the husband was looking for men to visit his house to assault his wife once he had rendered her unconscious into a unconscious state.

“We hope the court will say loud and clear that in this nation, fundamental rights are also women’s rights – that permission is individual, not transferred,” said the victim's attorney, her legal representative. “Agreement is secured directly and not by proxy from a husband.”

Case History

The ex-husband, one of the worst sex offenders in modern French history, was handed a sentence to two decades in prison last year for incapacitating his wife at the time and bringing in multiple perpetrators to rape her in her home in the Provence village of the village of Mazan over a span of almost a decade of their marriage.

Numerous other individuals were found culpable in a high-profile trial last year, and Dogan was the sole individual to contest his sentence. He was initially given a sentence to nine years in prison, a punishment enhanced on Thursday to ten years.

The state's attorney, Dominique Sie, had argued he should serve 12 years, because he “absolutely refuses to take any blame”.

Courtroom Details

Dogan had initially sent Dominique Pelicot inappropriate pictures and then traveled an hour from his town in Provence to rape the victim, after telling his wife he was leaving, the testimony revealed.

Pelicot, who was transported from solitary confinement in prison to briefly give evidence at the hearing, stated to the court that the accused had been aware his wife had been “sedated” and he said to men by phone: “I want someone to abuse my wife after I’ve rendered her unconscious without her knowledge.”

The trial became a key topic for a wider discussion on rape culture in society as the defendant continued to assert he was innocent and had not engaged in violation, arguing that because the victim's husband had welcomed him into the bedroom, his actions had been acceptable.

The panel in the higher court was displayed video evidence of the victim's limp body, comatose and breathing heavily in a comatose state, while a smiling the perpetrator committed rape repeatedly over a timeframe of what investigators stated was three and a half hours. The court official said she had been at danger of death by asphyxiation. The prosecution said there was absolute certainty that she had been unconscious and had not consented.

Defendant's Statements

The defendant stated to the court the footage were simply “intimate moments” and disputed it was violation. He said what he did was “a consensual activity”, not assault. He told the court: “I am innocent of assault.” He said the victim's husband had allowed him to the house, and therefore it was permissible. He said he was influenced by the husband. “I wanted to stop,” the accused informed the court. “I continued because he reassured me.”

Asked if he wanted to make a final statement to the court, the defendant said: “I did not intend to harm that individual.”

Pelicot's Words

The survivor, who was applauded upon exiting the courtroom each day by crowds gathered to back her, said to the defendant in court: “You do not grasp. When will you admit you raped me? It’s a crime to assault an unaware woman. When did I ever give you consent? Not once.”

The victim, seventy-two, became an symbol of resistance after she relinquished her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”

Legal Commentary

Sie, turning to the victim in court, said the defendant's unwillingness to take accountability showed that: “The shame remains. The community is perhaps in the process of that, possibly propelled by the public consciousness brought by the revelation of your situation.”

Sie said Dogan’s claims of non-guilt showed how societal tolerance was still common in society as part of “old-fashioned” forms of “gender-based power”. He said: “It is imperative to change rape culture to a society based on agreement.”

Sie addressed the defendant: “While you refuse to admit it, it’s not just a individual, it’s an entire sordid cultural framework that you are upholding.”

Defendant's Background

Dogan was originated from Turkey and at the age of 5 came to the nation of France, where his parent worked as a building manager. The court heard that his parent was abusive and that Dogan began using drugs aged ten. When Dogan was 17 he was stopped by authorities for drug trafficking and his parent kicked him out of home. He spent time in prison for narcotics offenses in his early 20s and had worked as a builder but had undergone periods of homelessness.

He was wed and had a son with Down’s syndrome, who he was the principal carer for, as his wife worked in a educational cafeteria. The testimony revealed his spouse did not know he had regular sexual encounters beyond their marriage. His legal team said this was his way of coping with his difficult circumstances. The defendant had informed a court psychologist that once a year he engaged in paid sex on his birthday. His attorneys informed the court he had arthritis caused by the stress of the first trial.