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A defendant was declared guilty on appeal of raping Gisele Pelicot following she was sedated by her spouse – and has had his jail term increased to a decade.

Retrial Proceedings

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

A jury of four women and five men, joined by three judges, convicted Dogan on Thursday of raping Pelicot in her bedroom in southern France in the early hours of June 29, 2019.

The court heard that the accused, a family man, made contact with Gisèle Pelicot’s spouse, the husband, in an internet forum titled “unbeknownst to her”, where the husband was looking for men to visit his house to rape his wife after he had rendered her unconscious into a deep sleep.

We expect the panel will say loud and clear that in this nation, fundamental rights are also rights of women – that agreement is personal, not delegated,” said Gisèle Pelicot’s attorney, Antoine Camus. “Permission is received personally and not via a representative from a spouse.”

Background

Dominique Pelicot, among the most severe sexual predators in recent French history, was sentenced to 20 years in prison last year for incapacitating his spouse and inviting dozens of men to sexually assault her in her home in the community of the village of Mazan over a duration of many years of their union.

Dozens of additional defendants were found guilty in a high-profile trial last year, and Dogan was the sole individual to challenge his verdict. He was originally given a sentence to nine years in prison, a punishment raised on Thursday to 10 years.

The lead state prosecutor, Dominique Sie, had contended he should serve twelve years, because he “stubbornly rejects to take any blame”.

Testimony and Proof

The defendant had initially sent Dominique Pelicot inappropriate pictures and then driven an hour from his village in the region to assault the victim, after notifying his wife he was going out, the testimony revealed.

Pelicot, who was transported from segregation in prison to briefly testify at the hearing, informed the court that Dogan had known his wife had been “sedated” and he told to men by phone: “I’m looking for someone to abuse my wife after I’ve put her to sleep without her consent.”

The trial became a key topic for a wider discussion on sexual violence norms in society as Dogan continued to say he was blameless and had not engaged in violation, arguing that because Gisèle Pelicot’s husband had invited him into the room, his conduct had been permissible.

The panel in the higher court was presented with recorded footage of Gisèle Pelicot’s unresponsive form, sedated and breathing heavily in a unconscious condition, while a smiling Dogan performed assault repeatedly over a timeframe of what investigators stated was 3.5 hours. The presiding judge said she had been at risk of fatal outcome by suffocation. The prosecution said there was no question that she had been incapacitated and had not given permission.

Accused's Testimony

Dogan stated to the court the footage were simply “sex scenes” and rejected it was assault. He said what he did was “an intimate behavior”, not assault. He told the court: “I never raped.” He said Gisèle Pelicot’s husband had allowed him to the home, and therefore it was permissible. He said he was influenced by Dominique Pelicot. “I tried to halt,” the accused informed the court. “I continued because he reassured me.”

Asked if he wanted to make a closing remarks to the court, Dogan said: “I did not intend to harm that woman.”

Victim's Response

The victim, who was cheered upon leaving court each day by onlookers assembled to support her, told the defendant in court: “You do not grasp. When will you acknowledge you raped me? It’s a crime to rape an unconscious woman. At what point did I give you agreement? Never.”

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

State's Argument

Sie, addressing the victim in court, said the defendant's unwillingness to take responsibility showed that: “The shame remains. Society is maybe in the course of that, maybe driven by the public consciousness spurred by the publication of your ordeal.”

The prosecutor said the defendant's claims of innocence showed how societal tolerance was still common in society as part of “archaic” forms of “male domination”. He said: “It is imperative to change rape culture to a ethos of permission.”

The prosecutor said to Dogan: “For as much as you deny it, it’s not just a woman, it’s an entire disturbing societal structure that you are upholding.”

Personal History

The accused was born in the country of Turkey and at the age of 5 came to France, where his parent worked as a building manager. The evidence indicated that his father was violent and that the defendant began smoking cannabis at the age of ten. When Dogan was 17 he was apprehended by authorities for selling narcotics and his father evicted him the residence. He was incarcerated in prison for trafficking in his twenties and had worked as a builder but had experienced periods of being unhoused.

He was wed and had a son with special needs, who he was the primary guardian for, as his spouse worked in a educational cafeteria. The evidence showed his spouse did not know he had regular sexual encounters beyond their marriage. His defence said this was his strategy for managing with his stressful life. The defendant had told a mental health expert that once a year he sought transactional encounters on his special day. His attorneys informed the court he had a medical condition resulting from the pressure of the original case.