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An individual was convicted on retrial of raping Gisèle Pelicot after she was drugged unconscious by her husband – and has had his incarceration period raised to 10 years.

Retrial Proceedings

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

A jury of five men and four women, joined by three judges, convicted Dogan on Thursday of sexually assaulting the victim in her residence in Provence in the early hours of June 29, 2019.

The court heard that the accused, a married father, connected with the victim's spouse, the husband, in an internet forum called “unbeknownst to her”, where the husband was recruiting men to come to his home to assault his wife after he had sedated her into a comatose state.

We trust the jury will affirm that in this country, human rights are also rights of women – that consent is personal, not delegated,” stated Gisèle Pelicot’s attorney, Antoine Camus. “Agreement is received directly and not via a representative from a spouse.”

Background

Dominique Pelicot, among the most severe sex offenders in recent French history, was handed a sentence to 20 years in prison last year for drugging his then wife and bringing in numerous individuals to sexually assault her in her home in the community of Mazan over a duration of many years of their marriage.

Dozens of additional defendants were found convicted in a notable trial last year, and Dogan was the sole individual to appeal against his conviction. He was originally handed a term to nine years in prison, a penalty raised on Thursday to 10 years.

The lead state prosecutor, Dominique Sie, had contended he should serve 12 years, because he “completely denies to take any blame”.

Evidence Presented

Dogan had initially sent the husband sexually explicit photos and then driven an hour from his town in the region to assault Gisèle Pelicot, after telling his wife he was leaving, the evidence indicated.

Pelicot, who was brought from segregation in prison to briefly give evidence at the hearing, stated to the court that the accused had understood his wife had been “drugged” and he said to men by phone: “I want someone to assault my wife after I’ve sedated her without her consent.”

The trial became a central issue for a larger conversation on rape culture in society as Dogan continued to claim he was not guilty and had not engaged in violation, arguing that because Gisèle Pelicot’s husband had allowed him into the residence, his conduct had been permissible.

The panel in the higher court was displayed visual proof of the victim's limp body, sedated and breathing heavily in a deep sleep, while a smiling Dogan committed rape repeatedly over a period of what police said was 3.5 hours. The presiding judge said she had been at peril of fatal outcome by asphyxiation. The state prosecution said there was no question that she had been incapacitated and had not consented.

Dogan's Claims

The defendant told the court the recordings were simply “sexual encounters” and disputed it was rape. He said what he did was “a consensual activity”, not assault. He declared the court: “I never raped.” He said the victim's husband had invited him to the house, and therefore it was acceptable. He said he was manipulated by the husband. “I wanted to stop,” Dogan stated to the court. “I proceeded because he reassured me.”

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

Survivor's Statement

Gisèle Pelicot, who was supported upon leaving court each day by crowds gathered to support her, said to the defendant in court: “You do not grasp. When are you going to recognise you raped me? It is illegal to assault an unaware woman. When did I ever give you permission? Never.”

Gisèle Pelicot, seventy-two, became an symbol of resistance after she gave up her right to confidentiality in the trial last year when she said: “The shame should shift.”

Prosecutor's Remarks

The prosecutor, turning to Gisèle Pelicot in court, said Dogan’s failure to take responsibility showed that: “The shame remains. The public is perhaps in the course of that, possibly propelled by the public consciousness spurred by the exposure of your situation.”

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

The prosecutor said to Dogan: “For as much as you refuse to admit it, it’s not just a individual, it’s an entire sordid societal structure that you are upholding.”

Biographical Details

Dogan was originated from Turkey and at the age of five came to France, where his parent worked as a building manager. The testimony revealed that his father was violent and that Dogan began consuming marijuana at the age of ten. When he was seventeen he was apprehended by police for drug trafficking and his father evicted him of home. He was incarcerated in prison for trafficking in his young adulthood and had worked as a construction worker but had experienced periods of homelessness.

He was wed and had a son with a genetic condition, who he was the primary guardian for, as his spouse worked in a educational cafeteria. The court heard his wife did not know he had regular sexual encounters beyond their marriage. His defence said this was his method of dealing with his difficult circumstances. The defendant had told a evaluator that each year he engaged in paid sex on his birthday. His legal representatives told the court he had a medical condition triggered by the stress of the first trial.