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A man was declared guilty on retrial of raping Gisèle Pelicot after she was sedated by her spouse – and received his jail term increased to ten years.

Appeal Trial

Husamettin Dogan, forty-four, an unemployed builder, who had appealed his first conviction last year, faced a appeal hearing this week at the Nîmes court of appeal.

A panel of nine jurors, joined by three judges, convicted Dogan on Thursday of raping the victim in her home in southern France in the early hours of June 29, 2019.

The court heard that the accused, a family man, made contact with the victim's husband at the time, Dominique Pelicot, in an digital platform called “without her consent”, where the husband was seeking men to visit his house to rape his wife once he had rendered her unconscious into a unconscious state.

We expect the panel will affirm that in this nation, human rights are also rights of women – that consent is personal, not transferred,” stated the victim's attorney, her legal representative. “Consent is secured directly and not through someone else from a husband.”

Context

Dominique Pelicot, among the most severe sex offenders in recent French history, was handed a sentence to 20 years in prison last year for sedating his then wife and inviting numerous individuals to rape her in her home in the town of the village of Mazan over a period of nearly ten years of their marriage.

Dozens of additional defendants were found convicted in a high-profile trial last year, and Dogan was the sole individual to appeal against his verdict. He was first handed a term to nine years in prison, a penalty increased on Thursday to ten years.

The state's attorney, the prosecutor, had stated he should serve twelve years, because he “stubbornly rejects to take any blame”.

Testimony and Proof

The defendant had first sent Dominique Pelicot inappropriate pictures and then driven an hour from his town in Provence to assault the victim, after notifying his wife he was stepping out, the testimony revealed.

The ex-husband, who was transported from solitary confinement in prison to briefly give evidence at the retrial, told the court that Dogan had understood his wife had been “sedated” and he communicated to men by phone: “I seek someone to assault my wife after I’ve sedated her unbeknownst to her.”

The proceedings became a key topic for a wider discussion on sexual violence norms in society as the defendant continued to assert he was not guilty and had not engaged in violation, arguing that because the victim's husband had invited him into the bedroom, his behavior had been acceptable.

The panel in the Nîmes appeals court was displayed recorded footage of Gisèle Pelicot’s unconscious figure, comatose and snoring in a unconscious condition, while a grinning the perpetrator committed rape on several occasions over a duration of what authorities reported was 3.5 hours. The court official said she had been at danger of fatal outcome by suffocation. The prosecution said there was no doubt that she had been incapacitated and had not given permission.

Accused's Testimony

The defendant informed the court the footage were simply “sexual encounters” and denied it was assault. He said what he did was “a sexual act”, not assault. He stated the court: “I never raped.” He said the victim's husband had invited him to the home, and therefore it was acceptable. He said he was deceived by Dominique Pelicot. “I wanted to stop,” the accused stated to the court. “I carried on because he convinced 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

The survivor, who was supported upon departing the trial each day by crowds assembled to back her, said to Dogan in court: “You haven’t understood. When will you admit you raped me? It is unlawful to assault an unaware woman. When did I ever give you agreement? Not once.”

The victim, seventy-two, became an symbol of resistance after she relinquished her right to privacy in the trial last year when she said: “The shame should shift.”

Prosecutor's Remarks

Sie, turning to Gisèle Pelicot in court, said Dogan’s refusal to take responsibility showed that: “The shame remains. Society is maybe in the midst of that, perhaps propelled by the societal understanding spurred by the revelation of your ordeal.”

The prosecutor said Dogan’s claims of innocence showed how societal tolerance 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 said to the defendant: “As long as you reject it, it’s not just a person, it’s an whole unpleasant social system that you are endorsing.”

Defendant's Background

Dogan was born in the country of Turkey and at the age of five relocated to France, where his parent worked as a concierge. The testimony revealed that his father was violent and that Dogan began consuming marijuana aged 10. When Dogan was seventeen he was caught by police for selling narcotics and his parent evicted him of home. He spent time in prison for narcotics offenses in his early 20s and had worked as a construction worker but had undergone periods of living on the streets.

He was married and had a child with a genetic condition, who he was the main caregiver for, as his spouse worked in a educational cafeteria. The evidence showed his spouse did not know he had frequent sexual encounters beyond their marriage. His defence said this was his strategy for managing with his challenging existence. The defendant had informed a evaluator that each year he sought commercial sex on his birthday. His attorneys informed the court he had joint inflammation resulting from the stress of the original case.