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A man was declared guilty on retrial of raping Gisèle Pelicot after she was sedated by her spouse – and received his prison sentence extended to ten years.

Appeal Trial

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

A panel of four women and five men, 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 family man, made contact with the victim's husband at the time, the husband, in an digital platform called “without her consent”, where Pelicot was looking for men to visit his house to assault his wife once he had sedated her into a unconscious state.

We trust the panel will say loud and clear that in this society, human rights are also rights of women – that agreement is individual, not given by another,” 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 sex offenders in recent French history, was sentenced to 20 years in prison last year for sedating his spouse and bringing in numerous individuals to rape her in her home in the Provence village of Mazan over a period of many years of their marriage.

Dozens of additional defendants were found guilty in a notable trial last year, and the appellant was the single defendant to contest his verdict. He was originally given a sentence to 9 years in prison, a sentence enhanced on Thursday to a decade.

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

Evidence Presented

Dogan had initially sent Dominique Pelicot sexually explicit photos and then driven an hour from his town in the region to assault Gisèle Pelicot, after informing his wife he was leaving, the testimony revealed.

Pelicot, who was transported from segregation in prison to temporarily testify at the appeal trial, informed the court that the accused had understood his wife had been “drugged” and he communicated to men by phone: “I’m looking for someone to abuse my wife after I’ve rendered her unconscious without her knowledge.”

The proceedings became a focus point for a broader debate on rape culture in society as Dogan continued to claim he was innocent and had not perpetrated assault, stating that because Gisèle Pelicot’s husband had allowed him into the residence, his conduct had been justifiable.

The jury in the higher court was presented with visual proof of the victim's unconscious figure, unconscious and snoring in a comatose state, while a smiling Dogan engaged in violation multiple times over a timeframe of what authorities reported was several hours. The presiding judge said she had been at risk of fatal outcome by asphyxiation. The state prosecution said there was no doubt that she had been unaware and had not given permission.

Defendant's Statements

Dogan told the court the recordings were simply “sexual encounters” and denied it was assault. He said what he did was “a consensual activity”, not rape. He declared the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had brought him to the home, and therefore it was permissible. He said he was deceived by Dominique Pelicot. “I attempted to cease,” the accused informed the court. “I proceeded because he convinced me.”

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

Victim's Response

Gisèle Pelicot, who was cheered upon leaving court each day by crowds present to stand with her, said to the defendant in court: “You do not grasp. When will you acknowledge you raped me? It is illegal to assault an unaware woman. How could I have give you agreement? Never.”

The victim, 72, became an symbol of resistance after she waived her right to confidentiality in the trial last year when she said: “The shame should shift.”

State's Argument

The prosecutor, addressing the victim in court, said the defendant's failure to take accountability showed that: “Guilt has not shifted. Society is maybe in the course of that, maybe motivated by the societal understanding resulting from the publication of your ordeal.”

Sie said Dogan’s claims of blamelessness showed how societal tolerance was still widespread in society as part of “archaic” forms of “gender-based power”. He said: “It is imperative to change the culture of violence to a culture of consent.”

Sie told the defendant: “While you refuse to admit it, it’s not just a individual, it’s an entire sordid societal structure that you are supporting.”

Biographical Details

Dogan was originated from the country of Turkey and at the age of 5 came to France, where his parent worked as a concierge. The testimony revealed 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 police for selling narcotics and his parent evicted him the family house. He spent time in prison for narcotics offenses in his young adulthood and had worked as a construction worker but had undergone periods of homelessness.

He was wed and had a child with special needs, who he was the principal carer for, as his wife worked in a school canteen. The court heard his spouse did not know he had repeated extramarital activities beyond their union. His defence said this was his strategy for managing with his difficult circumstances. The defendant had stated to a evaluator that annually he sought paid sex on his birthday. His attorneys stated to the court he had a medical condition caused by the stress of the first trial.