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A defendant was convicted on retrial of raping Gisèle Pelicot after she was drugged unconscious by her spouse – and received his jail term increased to ten years.

Retrial Proceedings

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

A jury of nine jurors, sitting with three judges, convicted Dogan on Thursday of sexually assaulting Pelicot in her residence in southern France in the early hours of 29 June 2019.

The evidence showed that the accused, a family man, made contact with Gisèle Pelicot’s then husband, Dominique Pelicot, in an digital platform named “without her consent”, where Pelicot was seeking men to enter his residence to rape his wife once he had drugged her into a unconscious state.

We trust the court will affirm that in this society, fundamental rights are also women’s rights – that consent is personal, not delegated,” stated the victim's lawyer, Antoine Camus. “Consent is secured directly and not through someone else from a husband.”

Context

Dominique Pelicot, one of the worst sex offenders in modern French history, was sentenced to 20 years in prison last year for incapacitating his wife at the time and soliciting numerous individuals to sexually assault her in her home in the town of Mazan over a duration of almost a decade of their marriage.

Fifty other men were found guilty in a high-profile trial last year, and the appellant was the sole individual to appeal against his verdict. He was originally given a sentence to nine years in prison, a sentence enhanced on Thursday to 10 years.

The state's attorney, the prosecutor, had contended he should serve 12 years, because he “stubbornly rejects to take any responsibility”.

Testimony and Proof

Dogan had initially sent the husband inappropriate pictures and then driven an hour from his town in Provence to rape the victim, after notifying his wife he was going out, the testimony revealed.

The ex-husband, who was transported from isolation in prison to temporarily provide testimony at the retrial, informed the court that the accused had understood his wife had been “sedated” and he communicated to men by phone: “I’m looking for someone to abuse my wife after I’ve sedated her without her knowledge.”

The trial became a key topic for a wider discussion on rape culture in society as Dogan continued to assert he was innocent and had not committed rape, arguing that because Gisèle Pelicot’s husband had invited him into the residence, his behavior had been acceptable.

The panel in the Nîmes appeals court was displayed visual proof of Gisèle Pelicot’s limp body, comatose and breathing heavily in a comatose state, while a smiling Dogan performed assault on several occasions over a period of what authorities reported was several hours. The presiding judge said she had been at danger of fatal outcome by asphyxiation. The prosecution said there was no doubt that she had been unaware and had not consented.

Dogan's Claims

Dogan stated to the court the recordings were simply “intimate moments” and disputed it was violation. He said what he did was “an intimate behavior”, not assault. He declared the court: “I am innocent of assault.” He said the victim's husband had invited him to the residence, and therefore it was acceptable. He said he was manipulated by the husband. “I tried to halt,” the accused stated to the court. “I continued because he convinced me.”

Inquired if he wanted to make a final statement to the court, Dogan said: “I had no desire to injure that individual.”

Pelicot's Words

The victim, who was supported upon exiting the courtroom each day by supporters gathered to back her, addressed the defendant in court: “You do not grasp. When are you going to recognise you raped me? It is unlawful to rape an unaware woman. When did I ever give you consent? At no time.”

Gisèle Pelicot, 72, became an international feminist hero after she gave up her right to confidentiality in the trial last year when she said: “Shame must change sides.”

Legal Commentary

Sie, addressing Gisèle Pelicot in court, said the defendant's unwillingness to take accountability showed that: “Guilt has not shifted. The community is maybe in the midst of that, maybe driven by the public consciousness brought by the revelation of your case.”

The prosecutor said Dogan’s claims of innocence showed how rape culture was still widespread in society as part of “archaic” forms of “patriarchal control”. He said: “Now we must change the culture of violence to a culture of consent.”

Sie addressed the defendant: “For as much as you refuse to admit it, it’s not just a individual, it’s an whole unpleasant societal structure that you are endorsing.”

Defendant's Background

The accused was born in the country of Turkey and at the age of 5 moved to France, where his parent worked as a building manager. The evidence indicated that his father was aggressive and that Dogan began smoking cannabis aged ten. When he was seventeen he was apprehended by authorities for drug trafficking and his father forced him to leave of home. He served time in prison for narcotics offenses in his early 20s and had worked as a builder but had undergone periods of homelessness.

He was wed and had a son with Down’s syndrome, who he was the main caregiver for, as his spouse worked in a institution's dining hall. The testimony revealed his wife did not know he had regular intimate relations beyond their marriage. His defence said this was his method of dealing with his challenging existence. Dogan had told a court psychologist that once a year he sought paid sex on his special day. His attorneys informed the court he had arthritis resulting from the anxiety of the first trial.