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An individual has been found guilty on appeal of raping Gisèle Pelicot following she was sedated by her spouse – and received his prison sentence increased to 10 years.

Appeal Trial

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

A jury of four women and five men, sitting with three judges, found Dogan guilty on Thursday of raping the victim in her bedroom in southern France in the early hours of 29 June 2019.

The testimony revealed that the accused, a married father, connected with the victim's husband at the time, the husband, in an internet forum titled “without her consent”, where Pelicot was seeking men to enter his residence to rape his wife once he had rendered her unconscious into a unconscious state.

We trust the panel will affirm that in this country, human rights are also rights of women – that permission is personal, not delegated,” stated Gisèle Pelicot’s attorney, her legal representative. “Agreement is obtained personally and not via a representative from a husband.”

Context

Dominique Pelicot, a notorious sex offenders in France's contemporary records, was handed a sentence to twenty years in prison last year for drugging his spouse and bringing in multiple perpetrators to rape her in her home in the Provence village of Mazan over a duration of nearly ten years of their union.

Numerous other individuals were found culpable in a high-profile trial last year, and the appellant was the only man to contest his verdict. He was initially sentenced to 9 years in prison, a punishment raised on Thursday to a decade.

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

Evidence Presented

Dogan had first sent the husband graphic images and then traveled an hour from his town in the region to rape Gisèle Pelicot, 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, informed the court that the accused had known his wife had been “drugged” and he communicated to men by phone: “I want someone to violate my wife after I’ve rendered her unconscious unbeknownst to her.”

The proceedings became a focus point for a wider discussion on sexual violence norms in society as Dogan continued to claim he was innocent and had not committed rape, arguing that because Gisèle Pelicot’s husband had allowed him into the residence, his actions had been permissible.

The panel in the Nîmes appeals court was displayed visual proof of the victim's unconscious figure, sedated and snoring in a unconscious condition, while a grinning the perpetrator committed rape multiple times over a timeframe of what police said was three and a half hours. The court official said she had been at danger of death by asphyxiation. The state prosecution said there was no question that she had been unconscious and had not agreed.

Accused's Testimony

The defendant stated to the court the footage were simply “sexual encounters” and denied it was violation. He said what he did was “a consensual activity”, not rape. He told the court: “I did not commit rape.” He said the victim's husband had brought him to the house, and therefore it was permissible. He said he was deceived by Dominique Pelicot. “I attempted to cease,” the accused told the court. “I proceeded because he convinced me.”

Inquired if he wanted to make a last words to the court, the defendant said: “I never wanted to hurt that woman.”

Survivor's Statement

Gisèle Pelicot, who was applauded upon leaving court each day by crowds present to back her, said to the defendant in court: “You fail to comprehend. When will you admit you violated me? It’s a crime to assault an unaware woman. How could I have give you agreement? Never.”

The victim, seventy-two, became an international feminist hero after she waived her right to anonymity in the trial last year when she said: “Shame must change sides.”

State's Argument

Sie, turning to Gisèle Pelicot in court, said Dogan’s failure to take responsibility showed that: “Shame has not yet changed sides. The community is maybe in the midst of that, maybe driven by the collective awareness brought by the revelation of your case.”

Sie said Dogan’s claims of innocence showed how normalized violence was still prevalent in society as part of “old-fashioned” forms of “patriarchal control”. He said: “We need to change rape culture to a ethos of permission.”

Sie told the defendant: “As long as you reject it, it’s not just a individual, it’s an complete sordid social system that you are endorsing.”

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 concierge. 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 apprehended by police for drug trafficking and his parent kicked him out the residence. He spent time in prison for narcotics offenses in his young adulthood and had worked as a laborer but had faced periods of homelessness.

He was wed and had a son with special needs, who he was the principal carer for, as his spouse worked in a school canteen. The evidence showed his wife did not know he had repeated sexual encounters beyond their union. His defence said this was his method of dealing with his challenging existence. The defendant had stated to a mental health expert that once a year he looked for commercial sex on his birthday. His legal representatives told the court he had a medical condition caused by the pressure of the initial proceedings.