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A defendant was convicted on retrial of raping Gisèle Pelicot following she was drugged unconscious by her then-husband – and has had his prison sentence extended to 10 years.

Retrial Proceedings

Husamettin Dogan, forty-four, an unemployed builder, who had contested his initial guilty verdict last year, underwent a retrial this week at the appeals court in Nîmes.

A panel of nine jurors, sitting with three judges, ruled against Dogan on Thursday of sexually assaulting the victim 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 Gisèle Pelicot’s then husband, Dominique Pelicot, in an online chatroom called “without her consent”, where Pelicot was looking for men to visit his house to rape his wife once he had sedated her into a deep sleep.

“We hope the jury will say loud and clear that in this nation, fundamental rights are also women’s rights – that permission is personal, not delegated,” said the victim's attorney, her legal representative. “Consent is received personally and not via a representative from a spouse.”

Background

Dominique Pelicot, one of the worst sexual predators in modern French history, was given a prison term to twenty years in prison last year for sedating his wife at the time and soliciting numerous individuals to rape her in her home in the Provence village of Mazan over a duration of almost a decade of their marriage.

Dozens of additional defendants were found guilty in a widely publicized trial last year, and the appellant was the sole individual to appeal against his conviction. He was initially sentenced to 9 years in prison, a sentence increased on Thursday to a decade.

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

Courtroom Details

Dogan had first sent Dominique Pelicot graphic images and then traveled an hour from his residence in Provence to assault Gisèle Pelicot, after telling his wife he was going out, the evidence indicated.

Pelicot, who was brought from isolation in prison to temporarily provide testimony at the retrial, stated to the court that the accused had been aware his wife had been “incapacitated” and he communicated 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 larger conversation on sexual violence norms in society as the defendant continued to say he was not guilty and had not committed rape, arguing that because the victim's husband had welcomed him into the room, his conduct had been acceptable.

The panel in the higher court was shown recorded footage of Gisèle Pelicot’s limp body, unconscious and snoring in a deep sleep, while a grinning the perpetrator engaged in violation on several occasions over a duration of what police said was several hours. The court official said she had been at danger of fatal outcome by choking. The prosecution said there was no doubt that she had been incapacitated and had not consented.

Defendant's Statements

The defendant told the court the videos were simply “sex scenes” and disputed 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 allowed him to the house, and therefore it was permissible. He said he was influenced by Dominique Pelicot. “I tried to halt,” the accused told the court. “I carried on because he convinced me.”

Inquired if he wanted to make a closing remarks to the court, the defendant said: “I did not intend to injure that woman.”

Victim's Response

The survivor, who was applauded upon leaving court each day by onlookers assembled to support her, said to the defendant in court: “You fail to comprehend. When are you going to recognise you raped me? It is illegal to rape an incapacitated woman. When did I ever give you permission? At no time.”

The victim, 72, became an symbol of resistance after she gave up her right to anonymity in the trial last year when she said: “Guilt ought to transfer.”

State's Argument

Sie, turning to the victim in court, said the defendant's failure to take accountability showed that: “Shame has not yet changed sides. The public is possibly in the course of that, perhaps driven by the collective awareness brought by the publication of your situation.”

The prosecutor said the defendant's claims of non-guilt showed how societal tolerance was still widespread in society as part of “old-fashioned” forms of “patriarchal control”. He said: “Now we must change rape culture to a society based on agreement.”

The prosecutor addressed Dogan: “For as much as you deny it, it’s not just a individual, it’s an entire disturbing societal structure that you are endorsing.”

Personal History

Dogan was originated from the country of Turkey and at the age of five came to the nation of France, where his parent worked as a building manager. The testimony revealed that his father was violent and that Dogan began smoking cannabis aged 10. When he was seventeen he was stopped by authorities for dealing drugs and his parent kicked him out the residence. He served time in prison for drug dealing in his young adulthood and had worked as a construction worker but had undergone periods of being unhoused.

He was wed and had a child with special needs, who he was the main caregiver for, as his wife worked in a school canteen. The court heard his wife did not know he had frequent sexual encounters outside their marriage. His defence said this was his way of coping with his stressful life. The defendant had stated to a evaluator that each year he sought transactional encounters on his birthday. His attorneys informed the court he had a medical condition resulting from the pressure of the original case.