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A defendant has been found guilty on retrial of raping Gisèle Pelicot following she was sedated by her husband – and has had his incarceration period increased to ten years.

Higher Court Case

Husamettin Dogan, forty-four, an unemployed builder, who had contested his first conviction last year, experienced a new trial this week at the Nîmes court of appeal.

A panel of four women and five men, joined by three judges, convicted Dogan on Thursday of raping Pelicot in her home in southern France in the morning of 29 June 2019.

The evidence showed that Dogan, a married father, reached out to Gisèle Pelicot’s then husband, the husband, in an digital platform called “unbeknownst to her”, where Pelicot was recruiting men to come to his home to assault his wife after he had rendered her unconscious into a comatose state.

We expect the jury will affirm that in this society, human rights are also women’s rights – that consent is personal, not given by another,” said Gisèle Pelicot’s attorney, Antoine Camus. “Agreement is received personally and not through someone else from a husband.”

Context

The ex-husband, a notorious sexual predators in France's contemporary records, was sentenced to 20 years in prison last year for drugging his spouse and bringing in dozens of men to rape her in her home in the Provence village of Mazan over a duration of many years of their marriage.

Dozens of additional defendants were found culpable in a notable trial last year, and Dogan was the sole individual to challenge his sentence. He was originally sentenced to 9 years in prison, a penalty raised on Thursday to 10 years.

The chief prosecutor, the prosecutor, had stated he should serve twelve years, because he “stubbornly rejects to take any responsibility”.

Testimony and Proof

Dogan had first sent the husband inappropriate pictures and then driven an hour from his town in Provence to assault Gisèle Pelicot, after informing his wife he was leaving, the testimony revealed.

Pelicot, who was transported from segregation in prison to briefly testify at the hearing, informed the court that Dogan had been aware his wife had been “sedated” and he told to men by phone: “I want someone to violate my wife after I’ve sedated her without her knowledge.”

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, contending that because Gisèle Pelicot’s husband had welcomed him into the residence, his actions had been permissible.

The panel in the Nîmes appeals court was presented with recorded footage of Gisèle Pelicot’s limp body, sedated and snoring in a comatose state, while a smiling Dogan committed rape multiple times over a period of what authorities reported was several hours. The presiding judge said she had been at danger of fatal outcome by choking. The state prosecution said there was no question that she had been incapacitated and had not given permission.

Defendant's Statements

The defendant stated to the court the footage were simply “sex scenes” and denied it was rape. He said what he did was “a sexual act”, not assault. He told the court: “I did not commit rape.” He said the victim's husband had brought him to the residence, and therefore it was OK. He said he was influenced by the husband. “I wanted to stop,” the accused told the court. “I continued because he convinced me.”

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

Victim's Response

The victim, who was cheered upon exiting the courtroom each day by supporters present to back her, addressed the defendant in court: “You fail to comprehend. When will you acknowledge you assaulted me? It is unlawful to rape an unconscious woman. How could I have give you agreement? At no time.”

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

Legal Commentary

Sie, speaking to Gisèle Pelicot in court, said the defendant's unwillingness to take accountability showed that: “Guilt has not shifted. Society is perhaps in the midst of that, maybe motivated by the societal understanding brought by the exposure of your ordeal.”

The prosecutor said Dogan’s claims of non-guilt showed how rape culture was still widespread in society as part of “old-fashioned” forms of “male domination”. He said: “Now we must change rape culture to a ethos of permission.”

Sie told Dogan: “For as much as you refuse to admit it, it’s not just a woman, it’s an entire sordid social system that you are supporting.”

Defendant's Background

Dogan was originated from Turkey and at the age of 5 came to the nation of France, where his father worked as a concierge. The court heard that his parent was aggressive and that Dogan began using drugs at the age of ten. When Dogan was 17 he was caught by authorities for drug trafficking and his parent forced him to leave the family house. He spent time in prison for narcotics offenses in his young adulthood and had worked as a laborer but had undergone periods of living on the streets.

He was married and had a son with special needs, who he was the main caregiver for, as his wife worked in a school canteen. The evidence showed his spouse did not know he had frequent extramarital activities outside their marriage. His legal team said this was his strategy for managing with his challenging existence. Dogan had told a court psychologist that each year he engaged in commercial sex on his birthday. His lawyers told the court he had joint inflammation caused by the pressure of the first trial.