🔗 Share this article

An individual has been found guilty on appeal of raping Gisele Pelicot following she was sedated by her husband – and received his incarceration period increased to 10 years.

Appeal Trial

Husamettin Dogan, forty-four, an out-of-work construction worker, who had contested his first conviction last year, faced a appeal hearing this week at the Nîmes court of appeal.

A jury of five men and four women, sitting with three judges, convicted Dogan on Thursday of raping Pelicot in her residence in southern France in the morning of June 29, 2019.

The evidence showed that Dogan, a married father, connected with Gisèle Pelicot’s then husband, the husband, in an digital platform titled “without her consent”, where the husband was looking for men to come to his home to assault his wife once he had rendered her unconscious into a deep sleep.

We trust the court will say loud and clear that in this country, human rights are also rights of women – that consent is individual, not transferred,” declared Gisèle Pelicot’s lawyer, her legal representative. “Consent is secured directly and not through someone else from a husband.”

Context

Dominique Pelicot, a notorious sex offenders in modern French history, was sentenced to twenty years in prison last year for sedating his wife at the time and bringing in numerous individuals to sexually assault her in her home in the community of Mazan over a period of almost a decade of their union.

Fifty other men were found convicted in a widely publicized trial last year, and Dogan was the single defendant to appeal against his sentence. He was initially sentenced to nine years in prison, a punishment increased on Thursday to ten years.

The lead state prosecutor, the prosecutor, had contended he should serve twelve years, because he “completely denies to take any blame”.

Evidence Presented

Dogan had initially sent Dominique Pelicot graphic images and then traveled an hour from his residence in the region to rape Gisèle Pelicot, after informing his wife he was leaving, the court heard.

Pelicot, who was transported from isolation in prison to temporarily give evidence at the appeal trial, stated to the court that the accused had understood his wife had been “incapacitated” and he said 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 focus point for a wider discussion on rape culture in society as Dogan continued to claim he was blameless and had not engaged in violation, stating that because the victim's husband had welcomed him into the room, his conduct had been justifiable.

The panel in the Nîmes appeals court was displayed video evidence of Gisèle Pelicot’s unconscious figure, comatose and breathing heavily in a comatose state, while a grinning Dogan engaged in violation on several occasions over a duration of what investigators stated was 3.5 hours. The judge said she had been at peril of death by asphyxiation. The state prosecution said there was no question that she had been incapacitated and had not consented.

Accused's Testimony

The defendant stated to the court the footage were simply “intimate moments” and denied it was rape. He said what he did was “a consensual activity”, not rape. He told the court: “I never raped.” He said Gisèle Pelicot’s husband had brought him to the home, and therefore it was OK. He said he was deceived by the husband. “I tried to halt,” Dogan told the court. “I carried on because he convinced me.”

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

Pelicot's Words

The victim, who was supported upon exiting the courtroom each day by crowds assembled to support her, addressed the defendant in court: “You haven’t understood. When are you going to recognise you raped me? It is illegal to rape an unaware woman. How could I have give you agreement? Not once.”

The victim, seventy-two, became an symbol of resistance after she waived her right to anonymity in the trial last year when she said: “The shame should shift.”

Legal Commentary

The prosecutor, turning to the victim in court, said the defendant's failure to take blame showed that: “The shame remains. Society is perhaps in the midst of that, possibly motivated by the societal understanding resulting from the publication of your situation.”

The prosecutor said Dogan’s claims of non-guilt showed how normalized violence was still widespread in society as part of “archaic” forms of “patriarchal control”. He said: “We need to change rape culture to a ethos of permission.”

Sie addressed the defendant: “While you refuse to admit it, it’s not just a person, it’s an complete sordid social system that you are supporting.”

Biographical Details

Dogan was born in Turkey and at the age of 5 moved to the nation of France, where his father worked as a caretaker. The evidence indicated that his father was abusive and that the defendant began smoking cannabis at the age of 10. When Dogan was seventeen he was stopped by police for selling narcotics and his parent forced him to leave the residence. He spent time in prison for narcotics offenses in his early 20s and had worked as a laborer but had experienced periods of being unhoused.

He was wed and had a child with a genetic condition, who he was the main caregiver for, as his wife worked in a educational cafeteria. The evidence showed his wife did not know he had regular intimate relations outside their marriage. His defence said this was his way of coping with his difficult circumstances. Dogan had stated to a evaluator that annually he sought paid sex on his birthday. His legal representatives told the court he had a medical condition caused by the anxiety of the first trial.