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An individual has been found guilty on retrial of raping Gisèle Pelicot after she was drugged unconscious by her then-husband – and received his prison sentence increased to 10 years.

Higher Court Case

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

A panel of five men and four women, joined by three judges, found Dogan guilty on Thursday of raping Pelicot in her bedroom in the south of France in the early hours of 29 June 2019.

The court heard that Dogan, a married father, reached out to the victim's then husband, the husband, in an online chatroom named “without her consent”, where Pelicot was recruiting men to visit his house to rape his wife once he had rendered her unconscious into a comatose state.

We expect the court will say loud and clear that in this country, human rights are also women’s rights – that agreement is personal, not given by another,” stated the victim's lawyer, Antoine Camus. “Consent is obtained personally and not via a representative from a husband.”

Context

The husband, one of the worst sexual predators in modern French history, was given a prison term to 20 years in prison last year for sedating his spouse and bringing in dozens of men to rape her in her home in the town of the village of Mazan over a span of nearly ten years of their union.

Dozens of additional defendants were found convicted in a notable trial last year, and Dogan was the only man to challenge his conviction. He was originally sentenced to 9 years in prison, a penalty enhanced on Thursday to 10 years.

The lead state prosecutor, Dominique Sie, had argued he should serve 12 years, because he “absolutely refuses to take any responsibility”.

Courtroom Details

Dogan had initially sent the husband sexually explicit photos and then driven an hour from his residence in Provence to rape Gisèle Pelicot, after telling his wife he was going out, the evidence indicated.

The ex-husband, who was transported from solitary confinement in prison to temporarily provide testimony at the appeal trial, stated to the court that Dogan had understood his wife had been “incapacitated” and he told to men by phone: “I want someone to assault my wife after I’ve rendered her unconscious unbeknownst to her.”

The proceedings became a focus point for a larger conversation on societal attitudes in society as the defendant continued to say he was innocent and had not engaged in violation, arguing that because Gisèle Pelicot’s husband had welcomed him into the room, his actions had been acceptable.

The panel in the Nîmes appeals court was presented with video evidence of Gisèle Pelicot’s unresponsive form, sedated and breathing heavily in a deep sleep, while a smiling the perpetrator committed rape repeatedly over a duration of what authorities reported was 3.5 hours. The presiding judge said she had been at danger of death by suffocation. The state prosecution said there was absolute certainty that she had been unaware and had not agreed.

Dogan's Claims

Dogan stated to the court the videos were simply “sex scenes” and denied it was violation. He said what he did was “a consensual activity”, not rape. He told the court: “I did not commit rape.” He said the victim's husband had invited him to the house, and therefore it was permissible. 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 final statement to the court, the defendant said: “I never wanted to injure that individual.”

Pelicot's Words

Gisèle Pelicot, who was cheered upon leaving court each day by crowds assembled to stand with her, addressed Dogan in court: “You do not grasp. When will you admit you violated me? It is unlawful to rape an unconscious woman. How could I have give you permission? At no time.”

Gisèle Pelicot, 72, became an symbol of resistance after she waived her right to anonymity 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. The community is maybe in the course of that, possibly motivated by the societal understanding spurred by the revelation of your case.”

Sie said the defendant's claims of innocence showed how normalized violence was still prevalent in society as part of “old-fashioned” forms of “male domination”. He said: “It is imperative to change the culture of violence to a culture of consent.”

The prosecutor said to the defendant: “For as much as you refuse to admit it, it’s not just a individual, it’s an complete disturbing societal structure that you are supporting.”

Biographical Details

Dogan was originated from Turkey and at the age of 5 relocated to the nation of France, where his father worked as a concierge. The court heard that his parent was violent and that the defendant began smoking cannabis at the age of 10. When he was seventeen he was caught by police for drug trafficking and his parent forced him to leave the residence. He was incarcerated in prison for narcotics offenses in his twenties and had worked as a laborer but had experienced periods of homelessness.

He was wed and had a child with a genetic condition, who he was the principal carer for, as his wife worked in a institution's dining hall. The evidence showed his wife did not know he had frequent extramarital activities beyond their union. His legal team said this was his way of coping with his difficult circumstances. Dogan had informed a evaluator that each year he sought transactional encounters on his birthday. His lawyers informed the court he had a medical condition triggered by the anxiety of the original case.