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A defendant was declared guilty on retrial of raping Gisele Pelicot after she was drugged unconscious by her spouse – and has had his prison sentence raised to a decade.

Retrial Proceedings

Husamettin Dogan, 44, an out-of-work construction worker, who had contested his first conviction last year, faced a appeal hearing this week at the higher court in Nîmes.

A panel of four women and five men, joined by three judges, ruled against Dogan on Thursday of raping the victim in her bedroom in the south of France in the morning of June 29, 2019.

The court heard that Dogan, a family man, connected with Gisèle Pelicot’s then husband, the husband, in an online chatroom named “unbeknownst to her”, where the husband was recruiting men to come to his home to assault his wife after he had drugged her into a unconscious state.

“We hope the court will say loud and clear that in this society, fundamental rights are also women’s rights – that agreement is personal, not transferred,” stated the victim's lawyer, Antoine Camus. “Agreement is received personally and not via a representative from a spouse.”

Context

The ex-husband, among the most severe sex offenders in modern French history, was sentenced to 20 years in prison last year for sedating his then wife and bringing in numerous individuals to rape her in her home in the town of Mazan over a span of nearly ten years of their marriage.

Numerous other individuals were found culpable in a high-profile trial last year, and the appellant was the sole individual to challenge his sentence. He was originally handed a term to 9 years in prison, a sentence increased on Thursday to a decade.

The lead state prosecutor, Dominique Sie, had contended he should serve 12 years, because he “completely denies to take any responsibility”.

Courtroom Details

Dogan had initially sent the husband inappropriate pictures and then traveled an hour from his village in the region to rape Gisèle Pelicot, after informing his wife he was leaving, the testimony revealed.

Pelicot, who was transported from segregation in prison to temporarily provide testimony at the appeal trial, informed the court that Dogan had understood his wife had been “incapacitated” and he told to men by phone: “I seek someone to abuse my wife after I’ve put her to sleep without her consent.”

The trial became a key topic for a larger conversation on sexual violence norms in society as Dogan continued to say he was blameless and had not committed rape, contending that because Gisèle Pelicot’s husband had allowed him into the room, his conduct had been justifiable.

The jury in the Nîmes appeals court was presented with video evidence of Gisèle Pelicot’s limp body, comatose and snoring in a comatose state, while a smiling the perpetrator engaged in violation on several occasions over a timeframe of what authorities reported was 3.5 hours. The judge said she had been at peril of death by suffocation. The prosecution said there was no doubt that she had been incapacitated and had not consented.

Dogan's Claims

Dogan informed the court the recordings were simply “sexual encounters” and denied it was violation. He said what he did was “a consensual activity”, not rape. He stated the court: “I never raped.” He said Gisèle Pelicot’s husband had brought him to the house, and therefore it was permissible. He said he was deceived by the husband. “I attempted to cease,” Dogan told the court. “I continued because he convinced me.”

Inquired if he wanted to make a closing remarks to the court, the defendant said: “I never wanted to hurt that individual.”

Pelicot's Words

The victim, who was applauded upon departing the trial each day by supporters present to back her, said to the defendant in court: “You fail to comprehend. When will you admit you assaulted me? It is unlawful to assault an incapacitated woman. How could I have give you agreement? Not once.”

Gisèle Pelicot, 72, became an global icon after she relinquished her right to privacy in the trial last year when she said: “Shame must change sides.”

Legal Commentary

Sie, turning to Gisèle Pelicot in court, said Dogan’s failure to take accountability showed that: “Shame has not yet changed sides. The community is possibly in the process of that, perhaps motivated by the societal understanding brought by the exposure of your case.”

The prosecutor said the defendant's claims of non-guilt showed how rape culture was still common in society as part of “outdated” forms of “gender-based power”. He said: “We need to change rape culture to a ethos of permission.”

Sie said to Dogan: “For as much as you refuse to admit it, it’s not just a individual, it’s an complete sordid societal structure that you are supporting.”

Personal History

Dogan was born in Turkey and at the age of five moved to the nation of France, where his father worked as a caretaker. The testimony revealed that his father was violent and that the defendant began using drugs aged 10. When he was seventeen he was caught by police for dealing drugs and his parent forced him to leave of home. He was incarcerated in prison for drug dealing in his early 20s and had worked as a laborer but had faced periods of living on the streets.

He was wed and had a son with Down’s syndrome, who he was the principal carer for, as his spouse worked in a educational cafeteria. The testimony revealed his wife did not know he had frequent sexual encounters beyond their union. His defence said this was his method of dealing with his challenging existence. The defendant had informed a court psychologist that once a year he engaged in paid sex on his special day. His legal representatives told the court he had arthritis triggered by the stress of the initial proceedings.