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An individual was declared guilty on higher court review of raping Gisele Pelicot after she was sedated by her husband – and has had his incarceration period extended to ten years.

Appeal Trial

Husamettin Dogan, 44, an out-of-work construction worker, who had challenged his first conviction last year, experienced a appeal hearing this week at the higher court in Nîmes.

A panel of four women and five men, accompanied by three judges, found Dogan guilty on Thursday of raping Pelicot in her residence in the south of France in the early hours of June 29, 2019.

The testimony revealed that the accused, a married father, connected with the victim's husband at the time, the husband, in an digital platform named “unbeknownst to her”, where the husband was seeking men to come to his home to assault his wife after he had drugged her into a unconscious state.

We trust the jury will declare that in this society, fundamental rights are also rights of women – that agreement is individual, not given by another,” declared Gisèle Pelicot’s lawyer, her legal representative. “Agreement is obtained personally and not through someone else from a spouse.”

Background

Dominique Pelicot, one of the worst sex offenders in modern French history, was given a prison term to 20 years in prison last year for incapacitating his then wife and bringing in multiple perpetrators to rape her in her home in the community of the village of Mazan over a span of almost a decade of their marriage.

Dozens of additional defendants were found culpable in a high-profile trial last year, and the appellant was the single defendant to challenge his sentence. He was first given a sentence to 9 years in prison, a sentence enhanced on Thursday to ten years.

The state's attorney, the prosecutor, had argued he should serve twelve years, because he “stubbornly rejects to take any accountability”.

Evidence Presented

Dogan had first sent Dominique Pelicot graphic images and then traveled an hour from his village in Provence to assault the victim, after telling his wife he was stepping out, the court heard.

The ex-husband, who was transported from isolation in prison to briefly testify at the appeal trial, stated to the court that the accused had known his wife had been “sedated” and he told to men by phone: “I’m looking for someone to abuse my wife after I’ve put her to sleep without her consent.”

The proceedings became a central issue for a larger conversation on societal attitudes in society as the defendant continued to claim he was not guilty and had not committed rape, contending that because Gisèle Pelicot’s husband had invited him into the residence, his conduct had been permissible.

The panel in the Nîmes appeals court was shown visual proof of Gisèle Pelicot’s unconscious figure, comatose and snoring in a unconscious condition, while a grinning the perpetrator engaged in violation multiple times over a period of what authorities reported was several hours. The judge said she had been at peril of fatal outcome by choking. The prosecution said there was no doubt that she had been unaware and had not agreed.

Accused's Testimony

The defendant told the court the recordings were simply “sexual encounters” and denied it was rape. 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 invited him to the residence, and therefore it was permissible. He said he was manipulated by the husband. “I wanted to stop,” the accused informed the court. “I proceeded because he reassured me.”

Asked if he wanted to make a final statement to the court, the defendant said: “I never wanted to harm that individual.”

Victim's Response

Gisèle Pelicot, who was cheered upon exiting the courtroom each day by onlookers gathered to support her, told the defendant in court: “You haven’t understood. When will you admit you raped me? It is illegal to rape an unconscious woman. How could I have give you consent? Never.”

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

State's Argument

The prosecutor, speaking to Gisèle Pelicot in court, said Dogan’s unwillingness to take accountability showed that: “The shame remains. The community is maybe in the midst of that, perhaps propelled by the public consciousness resulting from the publication of your situation.”

The prosecutor said Dogan’s claims of non-guilt showed how normalized violence was still prevalent in society as part of “archaic” forms of “male domination”. He said: “We need to change the culture of violence to a culture of consent.”

The prosecutor said to Dogan: “For as much as you deny 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 parent worked as a building manager. The evidence indicated that his parent was aggressive and that Dogan began using drugs at the age of 10. When Dogan was 17 he was stopped by authorities for dealing drugs and his father forced him to leave of home. He spent time in prison for narcotics offenses in his twenties and had worked as a construction worker but had faced periods of living on the streets.

He was married and had a son with a genetic condition, who he was the principal carer for, as his spouse worked in a school canteen. The court heard his wife did not know he had frequent sexual encounters outside their union. His legal team said this was his method of dealing with his stressful life. Dogan had informed a court psychologist that each year he sought commercial sex on his special day. His lawyers told the court he had a medical condition resulting from the pressure of the initial proceedings.