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A man was declared guilty on retrial of raping Gisèle Pelicot after she was drugged unconscious by her spouse – and was given his prison sentence raised to ten years.

Higher Court Case

Husamettin Dogan, forty-four, an out-of-work construction worker, who had appealed his first conviction last year, faced a new trial this week at the higher court in Nîmes.

A panel of nine jurors, accompanied by three judges, convicted Dogan on Thursday of sexually assaulting the victim in her home in southern France in the morning of June 29, 2019.

The evidence showed that the accused, a family man, connected with the victim's husband at the time, the husband, in an digital platform named “without her knowledge”, where Pelicot was recruiting men to enter his residence to assault his wife once he had sedated her into a unconscious state.

“We hope the panel will declare that in this nation, human rights are also women’s rights – that permission is individual, not transferred,” stated the victim's lawyer, Antoine Camus. “Permission is received directly and not through someone else from a husband.”

Case History

The ex-husband, one of the worst sex offenders in recent French history, was sentenced to twenty years in prison last year for drugging his wife at the time and bringing in multiple perpetrators to rape her in her home in the community of Mazan over a span of many years of their marriage.

Numerous other individuals were found convicted in a widely publicized trial last year, and Dogan was the only man to appeal against his sentence. He was initially given a sentence to 9 years in prison, a punishment enhanced on Thursday to a decade.

The state's attorney, the prosecutor, had contended he should serve 12 years, because he “stubbornly rejects to take any blame”.

Evidence Presented

The defendant had initially sent the husband graphic images and then traveled an hour from his residence in the region to rape the victim, after informing his wife he was going out, the court heard.

The ex-husband, who was transported from solitary confinement in prison to briefly give evidence at the appeal trial, informed the court that the accused had been aware his wife had been “incapacitated” and he said to men by phone: “I’m looking for someone to abuse my wife after I’ve sedated her unbeknownst to her.”

The proceedings became a central issue for a larger conversation on rape culture in society as the defendant continued to say he was innocent and had not committed rape, stating that because Gisèle Pelicot’s husband had welcomed him into the bedroom, his conduct had been acceptable.

The jury in the Nîmes appeals court was displayed visual proof of Gisèle Pelicot’s unresponsive form, comatose and snoring in a comatose state, while a smiling the perpetrator engaged in violation repeatedly over a period of what authorities reported was 3.5 hours. The court official said she had been at peril of fatal outcome by suffocation. The prosecution said there was no doubt that she had been unaware and had not consented.

Defendant's Statements

The defendant informed the court the videos were simply “intimate moments” and disputed it was assault. He said what he did was “an intimate behavior”, 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 permissible. He said he was influenced by Dominique Pelicot. “I attempted to cease,” the accused told the court. “I continued because he reassured me.”

Asked if he wanted to make a final statement to the court, Dogan said: “I never wanted to harm that lady.”

Pelicot's Words

The victim, who was applauded upon departing the trial each day by supporters assembled to stand with her, told Dogan in court: “You do not grasp. When are you going to recognise you violated me? It’s a crime to assault an unaware woman. When did I ever give you agreement? At no time.”

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

Prosecutor's Remarks

The prosecutor, turning to the victim in court, said the defendant's unwillingness to take responsibility showed that: “Guilt has not shifted. The public is perhaps in the process of that, perhaps propelled by the collective awareness brought by the revelation of your case.”

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

The prosecutor told the defendant: “As long as you refuse to admit it, it’s not just a individual, it’s an complete disturbing cultural framework that you are endorsing.”

Defendant's Background

The accused was originated from the country of Turkey and at the age of 5 came to the nation of France, where his father worked as a concierge. The testimony revealed that his father was abusive and that Dogan began using drugs aged ten. When he was seventeen he was apprehended by police for drug trafficking and his father evicted him the residence. He served time in prison for drug dealing in his twenties and had worked as a builder but had experienced periods of homelessness.

He was married and had a child with special needs, who he was the principal carer for, as his spouse worked in a institution's dining hall. The testimony revealed his wife did not know he had regular extramarital activities outside their union. His legal team said this was his method of dealing with his difficult circumstances. The defendant had stated to a mental health expert that once a year he engaged in paid sex on his birthday. His legal representatives stated to the court he had a medical condition triggered by the anxiety of the original case.