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A defendant has been found guilty on retrial of raping Gisèle Pelicot following she was drugged unconscious by her husband – and received his prison sentence increased to a decade.

Appeal Trial

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

A jury of four women and five men, sitting with three judges, ruled against Dogan on Thursday of raping Pelicot in her home in southern France in the morning of 29 June 2019.

The court heard that Dogan, a married father, connected with the victim's then husband, the husband, in an internet forum titled “without her knowledge”, where Pelicot was recruiting men to come to his home to rape his wife once he had sedated her into a deep sleep.

We trust the panel will affirm that in this society, fundamental rights are also rights of women – that agreement is individual, not transferred,” declared the victim's attorney, her legal representative. “Agreement is secured directly and not by proxy from a spouse.”

Background

The ex-husband, a notorious sex offenders in France's contemporary records, was sentenced to 20 years in prison last year for sedating his then wife and inviting dozens of men to rape her in her home in the Provence village of the village of Mazan over a period of almost a decade of their marriage.

Numerous other individuals were found convicted in a notable trial last year, and the appellant was the sole individual to challenge his conviction. He was initially given a sentence to nine years in prison, a penalty increased on Thursday to ten years.

The chief prosecutor, the prosecutor, had argued he should serve 12 years, because he “absolutely refuses to take any blame”.

Evidence Presented

Dogan had first sent the husband inappropriate pictures and then traveled an hour from his village in the region to rape Gisèle Pelicot, after telling his wife he was stepping out, the court heard.

The ex-husband, who was brought from solitary confinement in prison to briefly provide testimony at the retrial, told the court that the accused had understood his wife had been “incapacitated” and he communicated to men by phone: “I’m looking for someone to violate my wife after I’ve rendered her unconscious without her knowledge.”

The proceedings became a central issue for a larger conversation on sexual violence norms in society as Dogan continued to say he was innocent and had not engaged in violation, stating that because the victim's husband had invited him into the room, his behavior had been acceptable.

The panel in the Nîmes appeals court was presented with recorded footage of Gisèle Pelicot’s limp body, unconscious and snoring in a comatose state, while a grinning Dogan engaged in violation repeatedly over a duration of what investigators stated was several hours. The presiding judge said she had been at danger of death by choking. The state prosecution said there was no question that she had been incapacitated and had not consented.

Dogan's Claims

Dogan told the court the recordings were simply “sex scenes” and denied it was violation. He said what he did was “a sexual act”, not assault. He stated the court: “I am innocent of assault.” He said the victim's husband had allowed him to the house, and therefore it was OK. He said he was manipulated by Dominique Pelicot. “I attempted to cease,” the accused told the court. “I carried on because he persuaded me.”

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

Victim's Response

Gisèle Pelicot, who was applauded upon leaving court each day by crowds assembled to support her, addressed the defendant in court: “You fail to comprehend. When will you acknowledge you violated me? It’s a crime to rape an incapacitated woman. How could I have give you agreement? At no time.”

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

State's Argument

The prosecutor, addressing the victim in court, said Dogan’s unwillingness to take blame showed that: “Shame has not yet changed sides. The public is perhaps in the process of that, possibly driven by the societal understanding resulting from the publication of your situation.”

The prosecutor said Dogan’s claims of innocence showed how normalized violence was still widespread in society as part of “archaic” forms of “male domination”. He said: “It is imperative to change the culture of violence to a culture of consent.”

Sie told Dogan: “While you deny it, it’s not just a individual, it’s an complete unpleasant societal structure that you are upholding.”

Personal History

Dogan was originated from Turkey and at the age of five moved to France, where his father worked as a concierge. The court heard that his father was aggressive and that the defendant began consuming marijuana at the age of 10. When Dogan was 17 he was stopped by authorities for dealing drugs and his father evicted him the family house. He was incarcerated in prison for narcotics offenses in his twenties and had worked as a laborer but had faced periods of homelessness.

He was married and had a son with a genetic condition, who he was the main caregiver for, as his spouse worked in a institution's dining hall. The evidence showed his wife did not know he had repeated extramarital activities beyond their marriage. His defence said this was his strategy for managing with his difficult circumstances. The defendant had stated to a court psychologist that once a year he sought paid sex on his birthday. His attorneys stated to the court he had joint inflammation triggered by the stress of the initial proceedings.