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An individual was declared guilty on appeal of raping Gisèle Pelicot following she was drugged unconscious by her then-husband – and has had his jail term raised to a decade.

Retrial Proceedings

Husamettin Dogan, 44, an out-of-work construction worker, who had contested his initial guilty verdict last year, faced a new trial this week at the Nîmes court of appeal.

A panel of four women and five men, accompanied by three judges, found Dogan guilty on Thursday of sexually assaulting the victim in her home in the south of France in the morning of 29 June 2019.

The testimony revealed that the accused, a married father, reached out to Gisèle Pelicot’s husband at the time, Dominique Pelicot, in an internet forum called “unbeknownst to her”, where Pelicot was recruiting men to come to his home to rape his wife after he had sedated her into a deep sleep.

We trust the panel will declare that in this nation, human rights are also women’s rights – that permission is personal, not delegated,” declared Gisèle Pelicot’s lawyer, her legal representative. “Permission is secured directly and not via a representative from a husband.”

Context

Dominique Pelicot, a notorious sexual predators in modern French history, was sentenced to two decades in prison last year for drugging his spouse and soliciting multiple perpetrators to sexually assault her in her home in the town of the village of Mazan over a period of almost a decade of their marriage.

Fifty other men were found convicted in a notable trial last year, and Dogan was the sole individual to appeal against his verdict. He was first sentenced to 9 years in prison, a penalty raised on Thursday to a decade.

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

Testimony and Proof

The defendant had first sent Dominique Pelicot sexually explicit photos and then traveled an hour from his town in the region to rape the victim, after notifying his wife he was leaving, the testimony revealed.

The ex-husband, who was brought from isolation in prison to temporarily testify at the retrial, stated to the court that the accused had understood his wife had been “drugged” and he told to men by phone: “I seek someone to violate my wife after I’ve put her to sleep without her knowledge.”

The proceedings became a key topic for a larger conversation on rape culture in society as Dogan continued to say he was blameless and had not perpetrated assault, arguing that because Gisèle Pelicot’s husband had invited him into the room, his conduct had been acceptable.

The panel in the Nîmes appeals court was presented with recorded footage of the victim's limp body, comatose and snoring in a unconscious condition, while a smiling Dogan committed rape on several occasions over a duration of what police said was several hours. The presiding judge said she had been at risk of death by choking. The state's case said there was absolute certainty that she had been incapacitated and had not consented.

Accused's Testimony

Dogan stated to the court the footage were simply “sexual encounters” and disputed it was violation. He said what he did was “a consensual activity”, not assault. He told the court: “I am innocent of assault.” He said the victim's husband had allowed him to the residence, and therefore it was permissible. He said he was manipulated by the husband. “I attempted to cease,” the accused informed the court. “I continued because he persuaded me.”

Inquired if he wanted to make a last words to the court, the defendant said: “I did not intend to harm that woman.”

Survivor's Statement

The victim, who was supported upon leaving court each day by supporters assembled to support her, told the defendant in court: “You haven’t understood. When will you acknowledge you violated me? It is unlawful to assault an incapacitated woman. When did I ever give you permission? At no time.”

The victim, seventy-two, became an symbol of resistance after she waived her right to anonymity in the trial last year when she said: “Guilt ought to transfer.”

Legal Commentary

The prosecutor, addressing Gisèle Pelicot in court, said Dogan’s unwillingness to take accountability showed that: “Guilt has not shifted. Society is possibly in the course of that, possibly driven by the societal understanding resulting from the revelation of your ordeal.”

The prosecutor said the defendant's claims of innocence showed how rape culture was still common in society as part of “outdated” forms of “patriarchal control”. He said: “We need to change rape culture to a society based on agreement.”

Sie said to the defendant: “As long as you reject it, it’s not just a person, it’s an complete disturbing societal structure that you are endorsing.”

Personal History

The accused was born in the country of Turkey and at the age of 5 came to France, where his parent worked as a building manager. The testimony revealed that his parent was aggressive and that Dogan began using drugs aged ten. When Dogan was seventeen he was caught by authorities for drug trafficking and his parent evicted him of home. He spent time in prison for drug dealing in his early 20s and had worked as a laborer but had experienced periods of being unhoused.

He was wed and had a son with a genetic condition, who he was the primary guardian for, as his spouse worked in a educational cafeteria. The testimony revealed his wife did not know he had regular intimate relations beyond their marriage. His legal team said this was his way of coping with his challenging existence. The defendant had informed a evaluator that once a year he sought paid sex on his birthday. His legal representatives told the court he had joint inflammation resulting from the pressure of the first trial.