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An individual has been found guilty on higher court review of raping Gisele Pelicot following she was sedated by her then-husband – and has had his jail term extended to ten years.

Retrial Proceedings

Husamettin Dogan, 44, an out-of-work construction worker, who had contested his initial guilty verdict last year, faced a retrial this week at the appeals court in Nîmes.

A panel of nine jurors, sitting with three judges, ruled against Dogan on Thursday of sexually assaulting the victim in her home in the south of France in the morning of June 29, 2019.

The court heard that the accused, a family man, made contact with Gisèle Pelicot’s spouse, Dominique Pelicot, in an internet forum called “unbeknownst to her”, where Pelicot was seeking men to come to his home to assault his wife after he had drugged her into a comatose state.

We expect the court will declare that in this nation, human rights are also women’s rights – that agreement is individual, not transferred,” stated Gisèle Pelicot’s attorney, her legal representative. “Permission is secured directly and not via a representative from a spouse.”

Background

The ex-husband, one of the worst sex offenders in France's contemporary records, was sentenced to twenty years in prison last year for sedating his spouse and soliciting numerous individuals to sexually assault her in her home in the Provence village of the village 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 the appellant was the only man to challenge his sentence. He was initially given a sentence to nine years in prison, a punishment enhanced on Thursday to ten years.

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

Testimony and Proof

Dogan had first sent Dominique Pelicot inappropriate pictures and then driven an hour from his residence in the region to rape Gisèle Pelicot, after notifying his wife he was stepping out, the evidence indicated.

The ex-husband, who was brought from segregation in prison to briefly testify at the retrial, told the court that the accused had known his wife had been “sedated” and he told to men by phone: “I want someone to violate my wife after I’ve sedated her unbeknownst to her.”

The courtroom became a key topic for a larger conversation on rape culture in society as Dogan continued to claim he was innocent and had not committed rape, arguing that because Gisèle Pelicot’s husband had allowed him into the residence, his behavior had been justifiable.

The panel in the Nîmes appeals court was shown video evidence of Gisèle Pelicot’s unresponsive form, comatose and snoring in a unconscious condition, while a smiling Dogan engaged in violation repeatedly over a timeframe of what authorities reported was several hours. The presiding judge said she had been at peril of fatal outcome by asphyxiation. The prosecution said there was no doubt that she had been unconscious and had not consented.

Dogan's Claims

Dogan informed the court the recordings were simply “sexual encounters” and denied it was assault. He said what he did was “a consensual activity”, not assault. He stated the court: “I never raped.” He said Gisèle Pelicot’s husband had invited him to the residence, and therefore it was acceptable. He said he was deceived by Dominique Pelicot. “I tried to halt,” Dogan told the court. “I continued because he persuaded me.”

Inquired if he wanted to make a closing remarks to the court, Dogan said: “I had no desire to hurt that lady.”

Survivor's Statement

The survivor, who was supported upon departing the trial each day by onlookers assembled to stand with her, told the defendant in court: “You fail to comprehend. When are you going to recognise you violated me? It is unlawful to assault an unconscious woman. How could I have give you agreement? At no time.”

Gisèle Pelicot, 72, became an symbol of resistance after she gave up her right to privacy in the trial last year when she said: “The shame should shift.”

State's Argument

The prosecutor, addressing Gisèle Pelicot in court, said Dogan’s failure to take responsibility showed that: “Shame has not yet changed sides. The community is maybe in the midst of that, perhaps propelled by the public consciousness spurred by the exposure of your situation.”

The prosecutor said Dogan’s claims of blamelessness showed how societal tolerance 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 society based on agreement.”

Sie said to Dogan: “While you reject it, it’s not just a individual, it’s an complete sordid cultural framework that you are endorsing.”

Biographical Details

The accused was born in Turkey and at the age of 5 came to France, where his father worked as a caretaker. The evidence indicated that his parent was abusive and that Dogan began consuming marijuana aged ten. When he was 17 he was stopped by police for dealing drugs and his parent kicked him out the family house. He served time in prison for narcotics offenses in his young adulthood and had worked as a construction worker but had faced periods of being unhoused.

He was married and had a child with Down’s syndrome, who he was the primary guardian for, as his wife worked in a school canteen. The court heard his spouse did not know he had regular extramarital activities outside their union. His defence said this was his strategy for managing with his challenging existence. Dogan had informed a court psychologist that once a year he looked for transactional encounters on his special day. His legal representatives stated to the court he had joint inflammation caused by the pressure of the initial proceedings.