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A defendant has been found guilty on retrial of raping Gisèle Pelicot after she was drugged unconscious by her husband – and was given his incarceration period extended to a decade.

Appeal Trial

Husamettin Dogan, forty-four, an out-of-work construction worker, who had contested his initial guilty verdict last year, faced a appeal hearing this week at the higher court in Nîmes.

A panel of nine jurors, sitting with three judges, convicted Dogan on Thursday of sexually assaulting the victim in her home in the south of France in the early hours of 29 June 2019.

The testimony revealed that Dogan, a family man, reached out to the victim's spouse, Dominique Pelicot, in an internet forum titled “unbeknownst to her”, where the husband was seeking men to visit his house to assault his wife after he had rendered her unconscious into a deep sleep.

We expect the jury will declare that in this society, human rights are also rights of women – that consent is personal, not transferred,” said Gisèle Pelicot’s attorney, Antoine Camus. “Agreement is obtained personally and not via a representative from a spouse.”

Context

The husband, among the most severe sex offenders in recent French history, was given a prison term to twenty years in prison last year for sedating his then wife and bringing in dozens of men to sexually assault her in her home in the town of the village of Mazan over a period 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 contest his conviction. He was originally sentenced to 9 years in prison, a sentence enhanced on Thursday to 10 years.

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

Evidence Presented

The defendant had first sent Dominique Pelicot inappropriate pictures and then traveled an hour from his village in the region to assault Gisèle Pelicot, after notifying his wife he was stepping out, the evidence indicated.

Pelicot, who was transported from solitary confinement in prison to temporarily provide testimony at the appeal trial, informed the court that Dogan had known his wife had been “drugged” and he told to men by phone: “I’m looking for someone to assault my wife after I’ve rendered her unconscious without her consent.”

The courtroom became a central issue for a wider discussion on rape culture in society as the defendant continued to claim he was blameless and had not committed rape, contending that because Gisèle Pelicot’s husband had allowed him into the room, his actions had been permissible.

The panel in the higher court was displayed recorded footage of the victim's unconscious figure, comatose and snoring in a unconscious condition, while a smiling the perpetrator engaged in violation repeatedly over a timeframe of what investigators stated was several hours. The presiding judge said she had been at peril of death by suffocation. The prosecution said there was no doubt that she had been unaware and had not given permission.

Defendant's Statements

The defendant stated to the court the footage were simply “intimate moments” and disputed it was rape. He said what he did was “an intimate behavior”, not rape. He stated 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 Dominique Pelicot. “I wanted to stop,” Dogan informed the court. “I proceeded because he convinced me.”

Questioned if he wanted to make a last words to the court, Dogan said: “I did not intend to injure that individual.”

Survivor's Statement

The survivor, who was supported upon departing the trial each day by supporters present to stand with her, said to Dogan in court: “You fail to comprehend. When will you admit you raped me? It’s a crime to rape an unconscious woman. How could I have give you permission? At no time.”

The victim, 72, became an global icon after she waived her right to anonymity in the trial last year when she said: “The shame should shift.”

Prosecutor's Remarks

Sie, speaking to the victim in court, said the defendant's refusal to take blame showed that: “The shame remains. The community is possibly in the process of that, maybe propelled by the collective awareness resulting from the exposure of your ordeal.”

The prosecutor said Dogan’s claims of innocence showed how societal tolerance was still common in society as part of “archaic” forms of “gender-based power”. He said: “We need to change rape culture to a society based on agreement.”

The prosecutor said to Dogan: “For as much as you reject it, it’s not just a person, it’s an complete sordid societal structure that you are endorsing.”

Biographical Details

Dogan was born in Turkey and at the age of five came to France, where his parent worked as a concierge. The court heard that his parent was violent and that the defendant began consuming marijuana at the age of ten. When he was 17 he was apprehended by authorities for dealing drugs and his parent kicked him out the residence. He spent time in prison for drug dealing in his early 20s and had worked as a builder but had undergone periods of living on the streets.

He was wed and had a son with a genetic condition, who he was the principal carer for, as his wife worked in a educational cafeteria. The court heard his wife did not know he had frequent extramarital activities outside their marriage. His legal team said this was his strategy for managing with his difficult circumstances. Dogan had informed a court psychologist that annually he sought paid sex on his birthday. His lawyers told the court he had a medical condition caused by the pressure of the initial proceedings.