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A man was declared guilty on retrial of raping Gisèle Pelicot following she was drugged unconscious by her husband – and has had his jail term extended to 10 years.

Retrial Proceedings

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

A jury of five men and four women, accompanied by three judges, convicted Dogan on Thursday of raping the victim in her bedroom in the south of France in the early hours of June 29, 2019.

The testimony revealed that Dogan, a family man, made contact with Gisèle Pelicot’s husband at the time, the husband, in an internet forum called “without her consent”, where the husband was seeking men to enter his residence to rape his wife after he had rendered her unconscious into a unconscious state.

“We hope the jury will declare that in this nation, human rights are also rights of women – that permission is individual, not delegated,” stated Gisèle Pelicot’s lawyer, Antoine Camus. “Consent is obtained directly and not via a representative from a husband.”

Context

The husband, among the most severe sexual predators in France's contemporary records, was given a prison term to two decades in prison last year for drugging his wife at the time and bringing in dozens of men to rape her in her home in the Provence village of Mazan over a span of nearly ten years of their marriage.

Numerous other individuals were found convicted in a high-profile trial last year, and the appellant was the sole individual to challenge his sentence. He was first handed a term to 9 years in prison, a sentence increased on Thursday to a decade.

The state's attorney, the prosecutor, had argued he should serve 12 years, because he “completely denies to take any blame”.

Testimony and Proof

The defendant had initially sent Dominique Pelicot graphic images and then driven an hour from his village in Provence to assault Gisèle Pelicot, after telling his wife he was going out, the court heard.

The ex-husband, who was brought from isolation in prison to briefly testify at the appeal trial, stated to the court that the accused had understood his wife had been “drugged” and he told to men by phone: “I seek someone to assault my wife after I’ve put her to sleep unbeknownst to her.”

The trial became a focus point for a wider discussion on societal attitudes in society as Dogan continued to say he was blameless and had not engaged in violation, contending that because the victim's husband had invited him into the room, his conduct had been permissible.

The jury in the higher court was displayed recorded footage of Gisèle Pelicot’s unresponsive form, sedated and breathing heavily in a deep sleep, while a smiling the perpetrator engaged in violation repeatedly over a timeframe of what police said was 3.5 hours. The judge said she had been at risk of death by suffocation. The prosecution said there was no doubt that she had been incapacitated and had not agreed.

Accused's Testimony

Dogan stated to the court the videos were simply “intimate moments” and denied it was violation. He said what he did was “a consensual activity”, not assault. He declared the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had brought him to the house, and therefore it was permissible. He said he was influenced by Dominique Pelicot. “I attempted to cease,” Dogan stated to the court. “I continued because he persuaded me.”

Asked if he wanted to make a final statement to the court, Dogan said: “I did not intend to hurt that lady.”

Survivor's Statement

The victim, who was supported upon exiting the courtroom each day by crowds present to support her, told Dogan in court: “You fail to comprehend. When are you going to recognise you violated me? It is unlawful to assault an unconscious woman. How could I have give you agreement? At no time.”

Gisèle Pelicot, 72, became an global icon after she relinquished her right to privacy in the trial last year when she said: “Shame must change sides.”

Legal Commentary

Sie, turning to the victim in court, said Dogan’s failure to take responsibility showed that: “The shame remains. Society is maybe in the course of that, maybe propelled by the public consciousness spurred by the exposure of your situation.”

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

Sie told Dogan: “While you refuse to admit it, it’s not just a woman, it’s an whole disturbing societal structure that you are endorsing.”

Personal History

Dogan was born in the country of Turkey and at the age of 5 moved to France, where his parent worked as a caretaker. The court heard that his parent was abusive and that Dogan began smoking cannabis aged ten. When Dogan was seventeen he was stopped by authorities for dealing drugs and his father kicked him out of home. He served time in prison for trafficking in his young adulthood and had worked as a construction worker but had faced periods of homelessness.

He was married and had a son with Down’s syndrome, who he was the main caregiver for, as his wife worked in a school canteen. The evidence showed his wife did not know he had regular extramarital activities beyond their union. His defence said this was his way of coping with his difficult circumstances. The defendant had informed a court psychologist that annually he looked for transactional encounters on his birthday. His lawyers told the court he had arthritis triggered by the pressure of the first trial.