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An individual has been found guilty on higher court review of raping Gisèle Pelicot following she was sedated by her spouse – and received his incarceration period extended to ten years.

Higher Court Case

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

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

The evidence showed that Dogan, a married father, reached out to Gisèle Pelicot’s husband at the time, the husband, in an digital platform called “unbeknownst to her”, where Pelicot was looking for men to enter his residence to assault his wife after he had sedated her into a unconscious state.

“We hope the jury will say loud and clear that in this country, fundamental rights are also rights of women – that permission is individual, not delegated,” said Gisèle Pelicot’s lawyer, Antoine Camus. “Agreement is received directly and not through someone else from a spouse.”

Context

Dominique Pelicot, one of the worst sexual predators in recent French history, was given a prison term to two decades in prison last year for incapacitating his wife at the time and inviting numerous individuals to rape her in her home in the town of the village of Mazan over a period of almost a decade of their union.

Numerous other individuals were found guilty in a widely publicized trial last year, and the appellant was the single defendant to challenge his verdict. He was first given a sentence to nine years in prison, a penalty enhanced on Thursday to 10 years.

The state's attorney, Dominique Sie, had contended he should serve 12 years, because he “completely denies to take any blame”.

Evidence Presented

The defendant had first sent the husband inappropriate pictures and then driven an hour from his town in Provence to rape the victim, after telling his wife he was leaving, the court heard.

Pelicot, who was brought from segregation in prison to temporarily give evidence at the appeal trial, stated to the court that the accused had been aware his wife had been “incapacitated” and he told to men by phone: “I seek someone to violate my wife after I’ve put her to sleep without her consent.”

The trial became a central issue for a broader debate on sexual violence norms in society as Dogan continued to say he was blameless and had not engaged in violation, stating that because the victim's husband had invited him into the room, his conduct had been permissible.

The panel in the Nîmes appeals court was presented with recorded footage of Gisèle Pelicot’s unconscious figure, comatose and snoring in a deep sleep, while a grinning the perpetrator engaged in violation repeatedly over a timeframe of what investigators stated was 3.5 hours. The presiding judge said she had been at risk of fatal outcome by suffocation. The state prosecution said there was no question that she had been incapacitated and had not consented.

Dogan's Claims

Dogan informed the court the footage were simply “sex scenes” and denied it was violation. He said what he did was “a consensual activity”, not rape. He stated the court: “I am innocent of assault.” He said the victim's husband had brought him to the residence, and therefore it was permissible. He said he was deceived by the husband. “I tried to halt,” Dogan informed the court. “I continued because he convinced me.”

Questioned if he wanted to make a final statement to the court, the defendant said: “I had no desire to hurt that woman.”

Pelicot's Words

The victim, who was cheered upon exiting the courtroom each day by crowds gathered to support her, said to Dogan in court: “You fail to comprehend. When will you admit you violated me? It’s a crime to rape an unaware woman. When did I ever give you permission? Not once.”

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.”

Legal Commentary

Sie, addressing the victim in court, said Dogan’s failure to take blame showed that: “Shame has not yet changed sides. Society is perhaps in the course of that, perhaps motivated by the societal understanding resulting from the exposure of your case.”

Sie said Dogan’s claims of non-guilt showed how rape culture was still widespread in society as part of “outdated” forms of “male domination”. He said: “It is imperative to change the culture of violence to a culture of consent.”

The prosecutor said to Dogan: “As long as you reject it, it’s not just a woman, it’s an complete unpleasant societal structure that you are upholding.”

Defendant's Background

Dogan was born in Turkey and at the age of 5 relocated to the nation of France, where his father worked as a caretaker. The evidence indicated that his father was violent and that Dogan began smoking cannabis aged 10. When he was seventeen he was stopped by authorities for drug trafficking and his father kicked him out of home. He was incarcerated in prison for trafficking in his early 20s and had worked as a laborer but had experienced periods of living on the streets.

He was wed and had a child with Down’s syndrome, who he was the main caregiver for, as his wife worked in a school canteen. The evidence showed his spouse did not know he had repeated extramarital activities beyond their union. His legal team said this was his method of dealing with his difficult circumstances. The defendant had stated to a evaluator that each year he sought transactional encounters on his special day. His legal representatives stated to the court he had arthritis resulting from the pressure of the first trial.