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A man was declared guilty on retrial of raping Gisele Pelicot after she was sedated by her then-husband – and has had his jail term raised to ten years.

Higher Court Case

Husamettin Dogan, 44, an unemployed builder, who had appealed his first conviction last year, faced a retrial this week at the higher court in Nîmes.

A panel of nine jurors, accompanied by three judges, found Dogan guilty on Thursday of raping the victim in her bedroom in southern France in the morning of June 29, 2019.

The court heard 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 looking for men to visit his house to rape his wife once he had drugged her into a unconscious state.

We expect the panel will say loud and clear that in this nation, human rights are also rights of women – that consent is individual, not given by another,” said Gisèle Pelicot’s lawyer, Antoine Camus. “Permission is received personally and not via a representative from a husband.”

Context

The husband, a notorious sex offenders in modern French history, was given a prison term to 20 years in prison last year for sedating his wife at the time and bringing in multiple perpetrators to rape her in her home in the Provence village of Mazan over a period of many years of their union.

Numerous other individuals were found culpable in a high-profile trial last year, and the appellant was the sole individual to contest his verdict. He was first given a sentence to nine years in prison, a punishment 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 responsibility”.

Courtroom Details

Dogan had first sent the husband sexually explicit photos and then driven an hour from his village in Provence to rape Gisèle Pelicot, after notifying his wife he was leaving, the evidence indicated.

The ex-husband, who was brought from solitary confinement in prison to temporarily provide testimony at the appeal trial, informed the court that the accused had known his wife had been “incapacitated” and he communicated to men by phone: “I’m looking for someone to abuse my wife after I’ve rendered her unconscious unbeknownst to her.”

The trial became a central issue for a larger conversation on societal attitudes in society as the defendant continued to say he was not guilty and had not perpetrated assault, arguing that because Gisèle Pelicot’s husband had invited him into the room, his actions had been justifiable.

The panel in the higher court was displayed video evidence of Gisèle Pelicot’s unresponsive form, unconscious and breathing heavily in a unconscious condition, while a smiling Dogan engaged in violation multiple times over a duration of what authorities reported was 3.5 hours. The presiding judge said she had been at danger of fatal outcome by choking. The prosecution said there was absolute certainty that she had been incapacitated and had not given permission.

Defendant's Statements

The defendant informed the court the footage were simply “sex scenes” and disputed it was rape. He said what he did was “a sexual act”, not assault. He declared the court: “I did not commit rape.” He said the victim's husband had allowed him to the home, and therefore it was OK. He said he was deceived by Dominique Pelicot. “I wanted to stop,” Dogan informed the court. “I continued because he reassured me.”

Inquired if he wanted to make a closing remarks to the court, Dogan said: “I did not intend to hurt that lady.”

Pelicot's Words

The victim, who was supported upon exiting the courtroom each day by supporters assembled to back her, told the defendant in court: “You do not grasp. When are you going to recognise you assaulted me? It is illegal to rape an unaware woman. How could I have give you agreement? Never.”

The victim, 72, became an symbol of resistance after she gave up her right to confidentiality in the trial last year when she said: “Shame must change sides.”

Legal Commentary

Sie, turning to Gisèle Pelicot in court, said Dogan’s failure to take blame showed that: “The shame remains. Society is perhaps in the course of that, maybe propelled by the collective awareness brought by the revelation of your situation.”

The prosecutor said Dogan’s claims of non-guilt showed how rape culture was still common in society as part of “old-fashioned” forms of “patriarchal control”. He said: “Now we must change rape culture to a culture of consent.”

Sie addressed Dogan: “For as much as you reject it, it’s not just a person, it’s an entire sordid social system that you are supporting.”

Personal History

The accused was originated from the country of Turkey and at the age of five relocated 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 smoking cannabis aged ten. When he was 17 he was caught by authorities for dealing drugs and his parent kicked him out the residence. He was incarcerated in prison for trafficking in his twenties and had worked as a laborer but had experienced periods of living on the streets.

He was married and had a son with Down’s syndrome, who he was the main caregiver for, as his wife worked in a educational cafeteria. The testimony revealed his spouse did not know he had regular sexual encounters outside their marriage. His legal team said this was his method of dealing with his stressful life. The defendant had informed a evaluator that once a year he sought commercial sex on his birthday. His attorneys informed the court he had joint inflammation triggered by the pressure of the first trial.