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A defendant was convicted on appeal of raping Gisèle Pelicot following she was drugged unconscious by her husband – and has had his jail term increased to 10 years.

Retrial Proceedings

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

A jury of nine jurors, sitting with three judges, ruled against Dogan on Thursday of sexually assaulting Pelicot in her home in southern France in the early hours of 29 June 2019.

The testimony revealed that the accused, a family man, reached out to the victim's spouse, the husband, in an online chatroom titled “without her knowledge”, where Pelicot was recruiting men to enter his residence to assault his wife once he had rendered her unconscious into a deep sleep.

We trust the court will declare that in this society, human rights are also women’s rights – that agreement is individual, not given by another,” stated Gisèle Pelicot’s lawyer, Antoine Camus. “Permission is obtained personally and not by proxy from a spouse.”

Context

Dominique Pelicot, one of the worst sex offenders in modern French history, was handed a sentence to twenty years in prison last year for drugging his spouse and bringing in dozens of men to rape 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 guilty in a notable trial last year, and Dogan was the only man to appeal against his sentence. He was first handed a term to 9 years in prison, a punishment raised on Thursday to ten years.

The chief prosecutor, Dominique Sie, had stated he should serve twelve years, because he “completely denies to take any blame”.

Evidence Presented

The defendant had first sent Dominique Pelicot inappropriate pictures and then driven an hour from his town in Provence to assault Gisèle Pelicot, after notifying his wife he was going out, the evidence indicated.

The ex-husband, who was transported from isolation in prison to briefly provide testimony at the appeal trial, told the court that Dogan had understood his wife had been “sedated” and he said to men by phone: “I seek someone to abuse my wife after I’ve rendered her unconscious unbeknownst to her.”

The courtroom became a central issue for a wider discussion on rape culture in society as the defendant continued to claim he was not guilty and had not perpetrated assault, arguing that because Gisèle Pelicot’s husband had allowed him into the bedroom, his conduct had been permissible.

The jury in the Nîmes appeals court was displayed recorded footage of the victim's limp body, unconscious and snoring in a unconscious condition, while a smiling Dogan performed assault multiple times over a duration of what police said was three and a half hours. The judge said she had been at risk of fatal outcome by asphyxiation. The state's case said there was no doubt that she had been unconscious and had not given permission.

Accused's Testimony

Dogan told the court the footage were simply “intimate moments” and denied it was rape. He said what he did was “a sexual act”, not assault. He told the court: “I am innocent of assault.” He said the victim's husband had brought him to the residence, and therefore it was permissible. He said he was deceived by the husband. “I wanted to stop,” Dogan told the court. “I carried on because he convinced me.”

Asked if he wanted to make a final statement to the court, the defendant said: “I had no desire to harm that lady.”

Survivor's Statement

The survivor, who was supported upon exiting the courtroom each day by onlookers present to back her, told the defendant in court: “You haven’t understood. When will you admit you raped me? It is unlawful to rape an unaware woman. When did I ever give you consent? At no time.”

Gisèle Pelicot, seventy-two, became an symbol of resistance after she gave up her right to confidentiality in the trial last year when she said: “The shame should shift.”

Prosecutor's Remarks

The prosecutor, addressing Gisèle Pelicot in court, said the defendant's failure to take blame showed that: “Guilt has not shifted. Society is perhaps in the process of that, possibly driven by the collective awareness resulting from the exposure of your ordeal.”

Sie said the defendant's claims of non-guilt showed how normalized violence was still common in society as part of “outdated” forms of “patriarchal control”. He said: “It is imperative to change the culture of violence to a society based on agreement.”

Sie told Dogan: “While you deny it, it’s not just a person, it’s an entire disturbing societal structure that you are supporting.”

Defendant's Background

Dogan was originated from Turkey and at the age of five came to the nation of France, where his parent worked as a concierge. The court heard that his parent was aggressive and that the defendant began consuming marijuana aged ten. When Dogan was 17 he was apprehended by police for dealing drugs and his father evicted him the residence. He was incarcerated in prison for narcotics offenses in his twenties and had worked as a builder but had faced periods of living on the streets.

He was wed and had a child with a genetic condition, who he was the main caregiver for, as his wife worked in a educational cafeteria. The court heard his spouse did not know he had repeated extramarital activities beyond their marriage. His defence said this was his strategy for managing with his stressful life. The defendant had told a court psychologist that annually he looked for paid sex on his birthday. His lawyers told the court he had joint inflammation caused by the pressure of the initial proceedings.