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A man has been found guilty on retrial of raping Gisèle Pelicot following she was drugged unconscious by her husband – and was given his incarceration period extended to a decade.

Higher Court Case

Husamettin Dogan, forty-four, an unemployed builder, who had appealed his first conviction last year, underwent a new trial this week at the appeals court in Nîmes.

A jury of nine jurors, joined by three judges, ruled against Dogan on Thursday of sexually assaulting the victim in her bedroom in Provence in the morning of June 29, 2019.

The evidence showed that the accused, a family man, made contact with Gisèle Pelicot’s then husband, Dominique Pelicot, in an internet forum titled “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 comatose state.

We trust the panel will say loud and clear that in this country, fundamental rights are also rights of women – that consent is individual, not delegated,” stated Gisèle Pelicot’s lawyer, Antoine Camus. “Consent is obtained directly and not via a representative from a spouse.”

Context

The ex-husband, a notorious sex offenders in recent French history, was given a prison term to two decades in prison last year for sedating his then wife and inviting dozens of men to rape her in her home in the town of Mazan over a period of nearly ten years of their union.

Fifty other men were found convicted in a widely publicized trial last year, and the appellant was the single defendant to appeal against his verdict. He was originally sentenced to nine years in prison, a penalty raised on Thursday to a decade.

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

Evidence Presented

Dogan had first sent Dominique Pelicot graphic images and then driven an hour from his town in Provence to assault the victim, after notifying his wife he was stepping out, the evidence indicated.

The ex-husband, who was transported from solitary confinement in prison to temporarily testify at the appeal trial, told the court that the accused had known his wife had been “sedated” and he said to men by phone: “I’m looking for someone to assault my wife after I’ve rendered her unconscious without her knowledge.”

The proceedings became a focus point for a broader debate on societal attitudes in society as the defendant continued to say he was not guilty and had not engaged in violation, contending that because Gisèle Pelicot’s husband had welcomed him into the bedroom, his actions had been permissible.

The panel in the Nîmes appeals court was displayed recorded footage of the victim's unresponsive form, sedated and breathing heavily in a deep sleep, while a smiling Dogan performed assault repeatedly over a period of what authorities reported was three and a half hours. The court official said she had been at danger of death by choking. The state's case said there was absolute certainty that she had been incapacitated and had not consented.

Accused's Testimony

Dogan stated to the court the footage were simply “sexual encounters” and denied it was assault. He said what he did was “a sexual act”, not rape. He declared the court: “I never raped.” He said the victim's husband had allowed him to the home, and therefore it was permissible. He said he was manipulated by Dominique Pelicot. “I tried to halt,” the accused told the court. “I carried on because he convinced me.”

Inquired if he wanted to make a closing remarks to the court, the defendant said: “I never wanted to injure that lady.”

Pelicot's Words

Gisèle Pelicot, who was cheered upon departing the trial each day by crowds present to stand with her, said to Dogan in court: “You fail to comprehend. When will you admit you violated me? It is illegal to assault an unaware woman. How could I have give you consent? Not once.”

The victim, 72, became an symbol of resistance after she relinquished her right to anonymity 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 unwillingness to take blame showed that: “The shame remains. The community is possibly in the process of that, perhaps motivated by the collective awareness spurred by the publication of your ordeal.”

The prosecutor said the defendant's claims of non-guilt showed how rape culture was still widespread in society as part of “old-fashioned” forms of “gender-based power”. He said: “We need to change the culture of violence to a society based on agreement.”

The prosecutor said to the defendant: “As long as you deny it, it’s not just a person, it’s an entire sordid cultural framework that you are upholding.”

Personal History

Dogan was originated from Turkey and at the age of five came to the nation of France, where his parent worked as a building manager. The testimony revealed that his parent was violent and that Dogan began using drugs at the age of 10. When Dogan was seventeen he was apprehended by authorities for drug trafficking and his father forced him to leave the residence. He was incarcerated in prison for trafficking in his early 20s and had worked as a builder but had faced periods of living on the streets.

He was married and had a son with special needs, who he was the principal carer for, as his wife worked in a school canteen. The evidence showed his wife did not know he had repeated extramarital activities outside their marriage. His defence said this was his method of dealing with his difficult circumstances. Dogan had informed a court psychologist that each year he engaged in transactional encounters on his special day. His lawyers told the court he had arthritis resulting from the pressure of the initial proceedings.