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A man has been found guilty on appeal of raping Gisele Pelicot following she was drugged unconscious by her then-husband – and has had his prison sentence raised to a decade.

Appeal Trial

Husamettin Dogan, 44, an unemployed builder, who had appealed his first conviction last year, faced a appeal hearing this week at the appeals court in Nîmes.

A jury of five men and four women, accompanied by three judges, ruled against Dogan on Thursday of sexually assaulting Pelicot in her bedroom in Provence in the morning of 29 June 2019.

The testimony revealed that Dogan, a family man, connected with Gisèle Pelicot’s then husband, Dominique Pelicot, in an digital platform titled “unbeknownst to her”, where Pelicot was recruiting men to come to his home to rape his wife after he had drugged her into a unconscious state.

We trust the jury will declare that in this country, fundamental rights are also women’s rights – that permission is individual, not given by another,” stated Gisèle Pelicot’s attorney, her legal representative. “Agreement is obtained directly and not via a representative from a husband.”

Case History

Dominique Pelicot, one of the worst sexual predators in recent French history, was given a prison term to 20 years in prison last year for drugging his spouse and bringing in multiple perpetrators to rape her in her home in the town of Mazan over a duration of nearly ten years of their union.

Dozens of additional defendants were found culpable in a widely publicized trial last year, and the appellant was the sole individual to appeal against his conviction. He was first sentenced to nine years in prison, a sentence raised on Thursday to a decade.

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

Evidence Presented

The defendant had first sent the husband inappropriate pictures and then driven an hour from his residence in Provence to rape Gisèle Pelicot, after telling his wife he was stepping out, the testimony revealed.

Pelicot, who was brought from isolation in prison to briefly provide testimony at the retrial, informed the court that Dogan had understood his wife had been “drugged” and he told to men by phone: “I’m looking for someone to assault my wife after I’ve sedated her unbeknownst to her.”

The courtroom became a focus point for a wider discussion on societal attitudes in society as the defendant continued to assert he was innocent and had not committed rape, arguing that because the victim's husband had allowed him into the room, his behavior had been permissible.

The panel in the higher court was presented with visual proof of Gisèle Pelicot’s unresponsive form, comatose and snoring in a comatose state, while a smiling the perpetrator engaged in violation multiple times over a period of what police said was several hours. The court official said she had been at danger of fatal outcome by suffocation. The state prosecution said there was no question that she had been unaware and had not consented.

Defendant's Statements

Dogan told the court the videos were simply “sex scenes” and rejected it was rape. He said what he did was “a sexual act”, not rape. He told the court: “I never raped.” He said the victim's husband had invited him to the residence, and therefore it was OK. He said he was influenced by Dominique Pelicot. “I tried to halt,” Dogan informed the court. “I continued because he persuaded me.”

Questioned if he wanted to make a final statement to the court, Dogan said: “I did not intend to harm that woman.”

Survivor's Statement

Gisèle Pelicot, who was supported upon departing the trial each day by supporters gathered to back her, told Dogan in court: “You do not grasp. When will you admit you violated me? It is illegal to assault an unconscious woman. How could I have give you consent? Not once.”

Gisèle Pelicot, seventy-two, became an global icon after she gave up her right to confidentiality in the trial last year when she said: “Shame must change sides.”

Legal Commentary

Sie, turning to the victim in court, said the defendant's unwillingness to take blame showed that: “Shame has not yet changed sides. The community is possibly in the course of that, possibly propelled by the societal understanding spurred by the revelation of your case.”

The prosecutor said the defendant's claims of innocence showed how societal tolerance was still widespread in society as part of “outdated” forms of “male domination”. He said: “It is imperative to change rape culture to a ethos of permission.”

Sie said to Dogan: “As long as you reject it, it’s not just a individual, it’s an complete disturbing societal structure that you are endorsing.”

Biographical Details

The accused was originated from the country of Turkey and at the age of five moved to the nation of France, where his father worked as a concierge. The court heard that his parent was abusive and that Dogan began smoking cannabis at the age of ten. When he was seventeen he was stopped by authorities for drug trafficking and his parent forced him to leave the family house. He was incarcerated in prison for drug dealing in his early 20s and had worked as a builder but had experienced periods of homelessness.

He was married and had a child with special needs, who he was the principal carer for, as his wife worked in a institution's dining hall. The testimony revealed his wife did not know he had repeated sexual encounters outside their union. His legal team said this was his method of dealing with his difficult circumstances. Dogan had informed a evaluator that once a year he sought paid sex on his special day. His legal representatives stated to the court he had a medical condition caused by the anxiety of the initial proceedings.