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An individual has been found guilty on retrial of raping Gisèle Pelicot following she was drugged unconscious by her then-husband – and has had his incarceration period raised to ten years.

Higher Court Case

Husamettin Dogan, forty-four, an unemployed builder, who had challenged his first conviction last year, experienced a appeal hearing this week at the appeals court in Nîmes.

A jury of four women and five men, sitting with three judges, found Dogan guilty on Thursday of sexually assaulting the victim in her residence in the south of France in the morning of 29 June 2019.

The evidence showed that the accused, a married father, made contact with the victim's then husband, the husband, in an internet forum named “unbeknownst to her”, where Pelicot was recruiting men to enter his residence to rape his wife once he had rendered her unconscious into a comatose state.

We expect the court will affirm that in this country, fundamental rights are also women’s rights – that agreement is individual, not given by another,” declared Gisèle Pelicot’s lawyer, her legal representative. “Permission is received directly and not through someone else from a husband.”

Background

Dominique Pelicot, a notorious sex offenders in recent French history, was given a prison term to two decades in prison last year for incapacitating his spouse and bringing in multiple perpetrators to rape her in her home in the Provence village of Mazan over a span of almost a decade of their marriage.

Dozens of additional defendants were found convicted in a widely publicized trial last year, and Dogan was the only man to appeal against his verdict. He was originally given a sentence to 9 years in prison, a punishment raised on Thursday to a decade.

The lead state prosecutor, Dominique Sie, had contended he should serve 12 years, because he “completely denies to take any blame”.

Courtroom Details

Dogan had initially sent the husband inappropriate pictures and then driven an hour from his village in Provence to rape Gisèle Pelicot, after notifying his wife he was going out, the evidence indicated.

Pelicot, who was brought from isolation in prison to temporarily testify at the appeal trial, stated to the court that the accused had been aware his wife had been “incapacitated” and he communicated to men by phone: “I’m looking for someone to assault my wife after I’ve put her to sleep unbeknownst to her.”

The proceedings became a focus point for a wider discussion on societal attitudes in society as the defendant continued to claim he was not guilty and had not committed rape, arguing that because Gisèle Pelicot’s husband had welcomed him into the bedroom, his conduct had been justifiable.

The jury in the Nîmes appeals court was displayed visual proof of Gisèle Pelicot’s unconscious figure, sedated and snoring in a unconscious condition, while a smiling Dogan performed assault on several occasions over a period of what police said was several hours. The court official said she had been at danger of fatal outcome by asphyxiation. The state's case said there was no question that she had been incapacitated and had not given permission.

Defendant's Statements

The defendant informed the court the footage were simply “intimate moments” and disputed 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 home, and therefore it was permissible. He said he was influenced by Dominique Pelicot. “I wanted to stop,” Dogan informed the court. “I carried on because he persuaded me.”

Questioned if he wanted to make a last words to the court, the defendant said: “I had no desire to harm that individual.”

Pelicot's Words

The victim, who was applauded upon exiting the courtroom each day by crowds gathered to support her, told Dogan in court: “You do not grasp. When will you admit you raped me? It is illegal to assault an incapacitated woman. When did I ever give you agreement? Never.”

Gisèle Pelicot, seventy-two, became an global icon after she relinquished her right to anonymity in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

Sie, turning to Gisèle Pelicot in court, said Dogan’s unwillingness to take blame showed that: “Shame has not yet changed sides. The public is possibly in the process of that, perhaps driven by the societal understanding brought by the revelation of your case.”

Sie said Dogan’s claims of innocence showed how rape culture was still prevalent in society as part of “archaic” forms of “male domination”. He said: “It is imperative to change the culture of violence to a culture of consent.”

Sie addressed Dogan: “While you reject it, it’s not just a person, it’s an entire disturbing cultural framework that you are supporting.”

Biographical Details

Dogan was originated from Turkey and at the age of five came to the nation of France, where his father worked as a building manager. The testimony revealed that his father was abusive and that Dogan began using drugs at the age of 10. When Dogan was 17 he was stopped by authorities for dealing drugs and his father forced him to leave the residence. He spent time in prison for drug dealing in his early 20s and had worked as a builder but had faced periods of being unhoused.

He was married and had a son with Down’s syndrome, who he was the principal carer for, as his wife worked in a educational cafeteria. The court heard his spouse did not know he had frequent extramarital activities beyond their union. His legal team said this was his method of dealing with his stressful life. The defendant had informed a evaluator that once a year he sought commercial sex on his special day. His attorneys told the court he had joint inflammation resulting from the anxiety of the initial proceedings.