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A defendant was declared guilty on higher court review of raping Gisèle Pelicot following she was drugged unconscious by her spouse – and received his incarceration period increased to a decade.

Retrial Proceedings

Husamettin Dogan, 44, an unemployed builder, who had contested his initial guilty verdict last year, faced a new trial this week at the Nîmes court of appeal.

A jury of nine jurors, joined by three judges, found Dogan guilty on Thursday of raping Pelicot in her residence in southern France in the morning of 29 June 2019.

The testimony revealed that Dogan, a family man, connected with Gisèle Pelicot’s then husband, Dominique Pelicot, in an online chatroom called “without her consent”, where the husband was looking for men to visit his house to assault his wife after he had rendered her unconscious into a unconscious state.

“We hope the panel will say loud and clear that in this society, fundamental rights are also rights of women – that consent is individual, not transferred,” said the victim's lawyer, her legal representative. “Consent is secured directly and not by proxy from a spouse.”

Background

The ex-husband, among the most severe sex offenders in recent French history, was sentenced to 20 years in prison last year for drugging his spouse and inviting numerous individuals to rape her in her home in the Provence village of Mazan over a duration of almost a decade of their union.

Fifty other men were found convicted in a high-profile trial last year, and Dogan was the sole individual to challenge his conviction. He was first sentenced to nine years in prison, a sentence enhanced on Thursday to a decade.

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

Evidence Presented

Dogan had initially sent Dominique Pelicot inappropriate pictures and then traveled an hour from his village in Provence to assault Gisèle Pelicot, 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, stated to the court that the accused had known his wife had been “drugged” and he communicated to men by phone: “I seek someone to violate my wife after I’ve put her to sleep without her consent.”

The trial became a focus point for a larger conversation on societal attitudes in society as Dogan continued to say he was blameless and had not engaged in violation, arguing that because the victim's husband had allowed him into the residence, his conduct had been justifiable.

The panel in the Nîmes appeals court was presented with video evidence of Gisèle Pelicot’s unconscious figure, unconscious and breathing heavily in a comatose state, while a grinning Dogan committed rape on several occasions over a period of what police said was several hours. The presiding judge said she had been at danger of death by suffocation. The state's case said there was no doubt that she had been incapacitated and had not given permission.

Defendant's Statements

Dogan told the court the footage were simply “intimate moments” and denied it was violation. He said what he did was “a sexual act”, not rape. He told the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had allowed him to the residence, and therefore it was OK. He said he was manipulated by the husband. “I attempted to cease,” the accused informed the court. “I continued because he persuaded me.”

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

Pelicot's Words

Gisèle Pelicot, who was cheered upon exiting the courtroom each day by supporters gathered to support her, addressed Dogan in court: “You haven’t understood. When are you going to recognise you violated me? It is unlawful to rape an unconscious woman. How could I have give you permission? Never.”

The victim, seventy-two, became an international feminist hero after she gave up her right to confidentiality in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

Sie, turning to the victim in court, said the defendant's failure to take blame showed that: “Guilt has not shifted. The community is maybe in the midst of that, maybe driven by the collective awareness spurred by the exposure 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 “gender-based power”. He said: “We need to change rape culture to a culture of consent.”

The prosecutor addressed Dogan: “For as much as you refuse to admit it, it’s not just a woman, it’s an entire disturbing social system that you are upholding.”

Biographical Details

Dogan was originated from Turkey and at the age of five moved to the nation of France, where his father worked as a caretaker. The court heard that his parent was violent and that the defendant began using drugs aged 10. When Dogan was 17 he was caught by authorities for dealing drugs and his parent kicked him out of home. He served time in prison for trafficking in his early 20s and had worked as a builder but had experienced periods of living on the streets.

He was wed and had a child with Down’s syndrome, who he was the main caregiver for, as his wife worked in a educational cafeteria. The testimony revealed his spouse did not know he had regular sexual encounters outside their union. His legal team said this was his way of coping with his difficult circumstances. The defendant had stated to a mental health expert that each year he sought transactional encounters on his special day. His lawyers told the court he had a medical condition triggered by the anxiety of the initial proceedings.