A French court has rejected the appeal of a man found guilty of raping Gisele Pelicot after she was drugged by her husband and increased his sentence to 10 years.
Husamettin Dogan, a 44-year-old construction worker, was convicted of sexually abusing Gisele Pelicot, 72, in a landmark case last December, with witnesses testifying in his appeal earlier this week that Dogan was “fully aware” Gisele Pelicot was asleep while he was assaulting her.
“The court and jury sentence Husamettin Dogan to 10 years in prison” along with “mandatory treatment for five years”, presiding judge Christian Pasta said on Thursday. Standing in the dock at the court in the southern city of Nimes, Dogan did not react to the verdict.
Pelicot returned to court this week to face the only man, out of 51, who appealed against his guilty verdict. She called for “victims to never be ashamed of what was forced upon them”.
Prior to Dogan’s sentencing, French prosecutor Dominique Sie called for his jail term to be increased to 12 years – the term prosecutors had initially sought – because of “Dogan’s stance, in all its rigidity, as he absolutely refuses to take any responsibility”.
“As long as you refuse to admit it, it’s not just a woman, it’s an entire sordid social system that you are endorsing,” Sie said.
Dogan claimed he was not a “rapist” and insisted he thought he was participating in consensual sexual activity.
Witnesses in Dogan’s appeal this week included Pelicot’s ex-husband, Dominique Pelicot, who previously received a prison term of 20 years, the maximum sentence, for orchestrating the assaults in the former couple’s home in Mazan.
During the trial last year, Dominique Pelicot admitted that, for more than a decade, he drugged his then-wife of 50 years so that he and strangers he recruited online could abuse her. He also filmed the assaults, which included at least 50 men.
In Tuesday’s hearing, he denied ever coercing or misleading Dogan. “I never forced anyone,” he said.
He also refuted Dogan’s assertion that his invitation was to participate in a sexual game. “I never said that,” he said.
Dogan visited the couple’s home on June 28, 2019, where he is accused of assaulting Gisele Pelicot for more than three hours. Dogan, however, has said he only realised that something was wrong when he heard the woman snoring.
Investigator Jeremie Bosse-Platiere also testified on Tuesday. He cited video footage of Gisele Pelicot’s assault to assert that Dogan was fully aware Gisele had not consented.
“Anyone who sees the videos understands this immediately,” Bosse-Platiere said.
The police commissioner described a video in which Gisele Pelicot was seen moving slightly, causing Dogan to immediately withdraw.
“We understand that he is worried that his victim might wake up and freeze in a waiting position,” said Bosse-Platiere.
“After 30 seconds, seeing that it was a reflex caused by pain or discomfort, he reintroduces his penis into her vagina.”
Investigators found a total of 107 photos and 14 videos from the night Dogan visited the couple’s home in the southern town of Mazan.
Gisele Pelicot appeared at the proceedings on Wednesday, telling the court that Dogan had raped her and must “take responsibility” for his actions.
Gisele’s decision to waive her right to anonymity during the initial trial was celebrated as a bold move for transparency, raising awareness about the prevalence of sexual assault and domestic violence in France and around the world.
She also attended the proceedings in person and faced her abusers in court. She was named a knight of the Legion of Honour, France’s top civic honour, in July.
Her case has resulted in greater momentum to reform France’s laws on rape and sexual assault.
Lawmakers in France’s National Assembly and Senate have pushed for an update to the definition of rape under the country’s penal code, in order to include a clear reference to the need for consent. A final bill is expected to pass in the coming months.
“There needs to be an evolution for you, and for society, from rape culture to a culture of consent,” French prosecutor Sie said on Thursday.
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