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A man was convicted on retrial of raping Gisele Pelicot following she was drugged unconscious by her then-husband – and received his jail term raised to ten years.

Retrial Proceedings

Husamettin Dogan, 44, an out-of-work construction worker, who had contested his first conviction last year, experienced a appeal hearing this week at the Nîmes court of appeal.

A panel of nine jurors, accompanied by three judges, ruled against Dogan on Thursday of sexually assaulting Pelicot in her bedroom in southern France in the morning of 29 June 2019.

The testimony revealed that Dogan, a married father, made contact with the victim's then husband, the husband, in an digital platform titled “unbeknownst to her”, where Pelicot was looking for men to enter his residence to rape his wife after he had rendered her unconscious into a deep sleep.

We expect the court will affirm that in this nation, human rights are also women’s rights – that permission is individual, not delegated,” declared the victim's attorney, her legal representative. “Consent is secured personally and not through someone else from a husband.”

Background

Dominique Pelicot, among the most severe sexual predators in modern French history, was given a prison term to two decades in prison last year for drugging his wife at the time and bringing in multiple perpetrators to sexually assault her in her home in the town of Mazan over a period of nearly ten years of their marriage.

Dozens of additional defendants were found convicted in a widely publicized trial last year, and Dogan was the single defendant to appeal against his conviction. He was first handed a term to nine years in prison, a penalty enhanced on Thursday to a decade.

The chief prosecutor, the prosecutor, had stated he should serve 12 years, because he “stubbornly rejects to take any blame”.

Testimony and Proof

The defendant had first sent Dominique Pelicot graphic images and then traveled an hour from his residence in Provence to assault the victim, after informing his wife he was going out, the evidence indicated.

The ex-husband, who was brought from segregation in prison to temporarily testify at the hearing, stated to the court that the accused had known his wife had been “drugged” and he said to men by phone: “I’m looking for someone to abuse my wife after I’ve rendered her unconscious unbeknownst to her.”

The courtroom became a central issue for a larger conversation on sexual violence norms in society as Dogan continued to say he was blameless and had not committed rape, contending that because the victim's husband had invited him into the residence, his conduct had been justifiable.

The jury in the higher court was presented with video evidence of Gisèle Pelicot’s unconscious figure, comatose and breathing heavily in a unconscious condition, while a smiling the perpetrator engaged in violation multiple times over a timeframe of what authorities reported was three and a half hours. The court official said she had been at peril of death by choking. The state's case said there was no question that she had been incapacitated and had not given permission.

Defendant's Statements

The defendant stated to the court the videos were simply “sex scenes” and rejected it was rape. He said what he did was “a consensual activity”, not rape. He declared the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had brought him to the house, and therefore it was OK. He said he was influenced by the husband. “I wanted to stop,” the accused told 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 harm that individual.”

Survivor's Statement

Gisèle Pelicot, who was supported upon exiting the courtroom each day by crowds present to stand with her, addressed Dogan in court: “You fail to comprehend. When will you acknowledge you raped me? It is unlawful to assault an unaware woman. When did I ever give you permission? At no time.”

Gisèle Pelicot, 72, became an international feminist hero after she waived her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

Sie, addressing Gisèle Pelicot in court, said the defendant's refusal to take accountability showed that: “Guilt has not shifted. Society is maybe in the process of that, maybe motivated by the societal understanding spurred by the publication of your situation.”

Sie said Dogan’s claims of non-guilt showed how societal tolerance was still common in society as part of “outdated” forms of “patriarchal control”. He said: “Now we must change the culture of violence to a culture of consent.”

Sie addressed the defendant: “As long as you refuse to admit it, it’s not just a individual, it’s an complete sordid social system that you are upholding.”

Biographical Details

Dogan was born in the country of Turkey and at the age of 5 relocated to the nation of France, where his father worked as a building manager. The testimony revealed that his parent was aggressive and that the defendant began smoking cannabis aged 10. When he was seventeen he was caught by authorities for dealing drugs and his father kicked him out the family house. He spent time in prison for drug dealing in his early 20s and had worked as a laborer but had undergone periods of being unhoused.

He was married and had a son with special needs, who he was the primary guardian for, as his wife worked in a school canteen. The testimony revealed his spouse did not know he had regular sexual encounters outside their marriage. His defence said this was his strategy for managing with his difficult circumstances. The defendant had stated to a mental health expert that each year he engaged in paid sex on his special day. His attorneys told the court he had joint inflammation triggered by the anxiety of the original case.