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A man has been found guilty on retrial of raping Gisèle Pelicot after she was sedated by her husband – and has had his prison sentence raised to ten years.

Retrial Proceedings

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

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

The court heard that the accused, a married father, reached out to the victim's spouse, Dominique Pelicot, in an digital platform named “without her knowledge”, where Pelicot was seeking men to enter his residence to assault his wife after he had sedated her into a deep sleep.

We expect the panel will declare that in this country, human rights are also women’s rights – that consent is individual, not delegated,” declared Gisèle Pelicot’s lawyer, her legal representative. “Consent is secured personally and not through someone else from a husband.”

Context

Dominique Pelicot, among the most severe sexual predators in recent French history, was sentenced to 20 years in prison last year for drugging his spouse and inviting numerous individuals to rape her in her home in the town of Mazan over a span of many years of their marriage.

Fifty other men were found guilty in a widely publicized trial last year, and Dogan was the single defendant to challenge his conviction. He was originally sentenced to 9 years in prison, a sentence enhanced on Thursday to ten years.

The chief prosecutor, Dominique Sie, had contended he should serve twelve years, because he “stubbornly rejects to take any accountability”.

Evidence Presented

The defendant had first sent Dominique Pelicot graphic images and then traveled an hour from his residence in the region to rape the victim, after telling his wife he was going out, the court heard.

The ex-husband, who was transported from isolation in prison to temporarily testify at the retrial, stated to 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 put her to sleep unbeknownst to her.”

The courtroom became a key topic for a wider discussion on sexual violence norms in society as the defendant continued to claim he was not guilty and had not engaged in violation, stating that because the victim's husband had allowed him into the residence, his actions had been permissible.

The jury in the Nîmes appeals court was presented with visual proof of Gisèle Pelicot’s unresponsive form, unconscious and snoring in a comatose state, while a smiling the perpetrator performed assault on several occasions over a timeframe of what police said 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 incapacitated and had not given permission.

Defendant's Statements

Dogan stated to the court the recordings were simply “intimate moments” and denied it was violation. He said what he did was “an intimate behavior”, not rape. He told the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had brought him to the home, and therefore it was OK. He said he was influenced by the husband. “I tried to halt,” the accused told the court. “I proceeded because he reassured me.”

Questioned if he wanted to make a last words to the court, Dogan said: “I did not intend to injure that woman.”

Pelicot's Words

The victim, who was supported upon leaving court each day by supporters gathered to stand with her, addressed the defendant in court: “You do not grasp. When are you going to recognise you raped me? It is illegal to rape an incapacitated woman. How could I have give you permission? Not once.”

The victim, seventy-two, became an global icon after she relinquished her right to anonymity in the trial last year when she said: “The shame should shift.”

Prosecutor's Remarks

Sie, addressing Gisèle Pelicot in court, said Dogan’s refusal to take accountability showed that: “Shame has not yet changed sides. The community is perhaps in the midst of that, possibly driven by the societal understanding spurred by the publication of your ordeal.”

Sie said the defendant's claims of blamelessness showed how societal tolerance was still prevalent in society as part of “outdated” forms of “male domination”. He said: “We need to change the culture of violence to a ethos of permission.”

The prosecutor addressed the defendant: “While you reject it, it’s not just a individual, it’s an entire unpleasant cultural framework that you are upholding.”

Biographical Details

The accused was originated from the country of Turkey and at the age of five came to the nation of France, where his parent worked as a caretaker. The court heard that his parent was aggressive and that Dogan began smoking cannabis at the age of 10. When Dogan was 17 he was stopped by police for dealing drugs and his parent kicked him out the residence. He served time in prison for drug dealing in his twenties and had worked as a laborer but had experienced periods of homelessness.

He was wed and had a son with special needs, who he was the main caregiver for, as his spouse worked in a educational cafeteria. The court heard his wife did not know he had regular sexual encounters beyond their union. His legal team said this was his strategy for managing with his challenging existence. The defendant had told a mental health expert that once a year he engaged in commercial sex on his birthday. His attorneys told the court he had a medical condition resulting from the anxiety of the initial proceedings.