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A man has been found guilty on retrial of sexually assaulting Gisèle Pelicot after she was drugged unconscious by her then-husband – and was given his jail term raised to 10 years.

Higher Court Case

Husamettin Dogan, 44, an out-of-work construction worker, who had appealed his first conviction last year, faced a new trial this week at the higher court in Nîmes.

A panel of nine jurors, sitting with three judges, convicted Dogan on Thursday of raping Pelicot in her home in Provence in the morning of June 29, 2019.

The evidence showed that Dogan, a family man, connected with Gisèle Pelicot’s spouse, the husband, in an internet forum titled “without her consent”, where the husband was recruiting men to visit his house to rape his wife once he had drugged her into a deep sleep.

“We hope the court will affirm that in this society, fundamental rights are also women’s rights – that agreement is personal, not given by another,” declared Gisèle Pelicot’s lawyer, Antoine Camus. “Agreement is obtained directly and not by proxy from a spouse.”

Context

The ex-husband, a notorious sexual predators in modern French history, was handed a sentence to two decades in prison last year for incapacitating his spouse and inviting multiple perpetrators to sexually assault her in her home in the Provence village of the village of Mazan over a period of many years of their marriage.

Dozens of additional defendants were found culpable in a notable trial last year, and the appellant was the sole individual to contest his conviction. He was originally given a sentence to 9 years in prison, a penalty raised on Thursday to ten years.

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

Courtroom Details

The defendant had initially sent the husband inappropriate pictures and then driven an hour from his town in the region to rape Gisèle Pelicot, after notifying his wife he was leaving, the court heard.

Pelicot, who was transported from segregation in prison to briefly testify at the retrial, told the court that Dogan had been aware his wife had been “incapacitated” and he said to men by phone: “I seek someone to assault my wife after I’ve sedated her without her knowledge.”

The proceedings became a focus point for a wider discussion on rape culture in society as Dogan continued to assert he was blameless and had not engaged in violation, arguing that because the victim's husband had welcomed him into the residence, his actions had been acceptable.

The jury in the Nîmes appeals court was shown visual proof of Gisèle Pelicot’s unconscious figure, unconscious and breathing heavily in a unconscious condition, while a grinning the perpetrator engaged in violation repeatedly over a duration of what authorities reported was three and a half hours. The court official said she had been at danger of fatal outcome by suffocation. The state prosecution said there was no question that she had been incapacitated and had not agreed.

Dogan's Claims

Dogan stated to the court the videos were simply “intimate moments” and disputed it was assault. He said what he did was “a sexual act”, not rape. He declared the court: “I did not commit rape.” He said the victim's husband had brought him to the residence, and therefore it was OK. He said he was influenced by Dominique Pelicot. “I attempted to cease,” Dogan told the court. “I continued because he reassured me.”

Asked if he wanted to make a last words to the court, Dogan said: “I never wanted to harm that lady.”

Victim's Response

Gisèle Pelicot, who was supported upon exiting the courtroom each day by crowds assembled to support her, addressed the defendant in court: “You do not grasp. When will you acknowledge you raped me? It is illegal to rape an unconscious woman. At what point did I give you agreement? Not once.”

Gisèle Pelicot, seventy-two, became an symbol of resistance after she relinquished her right to privacy in the trial last year when she said: “Guilt ought to transfer.”

Legal Commentary

Sie, speaking to Gisèle Pelicot in court, said the defendant's refusal to take accountability showed that: “Shame has not yet changed sides. The community is perhaps in the course of that, maybe propelled by the collective awareness resulting from the revelation of your case.”

The prosecutor said Dogan’s claims of innocence showed how rape culture was still common in society as part of “outdated” forms of “male domination”. He said: “It is imperative to change rape culture to a ethos of permission.”

The prosecutor told the defendant: “As long 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

The accused was originated from Turkey and at the age of 5 moved to the nation of France, where his parent worked as a concierge. The testimony revealed that his parent was aggressive and that the defendant began consuming marijuana at the age of ten. When he was seventeen he was stopped by police for drug trafficking and his parent forced him to leave the residence. He spent time in prison for drug dealing in his early 20s and had worked as a builder but had experienced periods of being unhoused.

He was married and had a child with a genetic condition, who he was the main caregiver for, as his wife worked in a school canteen. The court heard his spouse did not know he had frequent sexual encounters beyond their union. His legal team said this was his way of coping with his difficult circumstances. Dogan had told a court psychologist that once a year he engaged in paid sex on his birthday. His attorneys informed the court he had joint inflammation triggered by the pressure of the initial proceedings.