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A defendant was declared guilty on retrial of sexually assaulting Gisele Pelicot following she was drugged unconscious by her husband – and received his prison sentence increased to ten years.

Higher Court Case

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

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

The court heard that the accused, a family man, made contact with Gisèle Pelicot’s husband at the time, Dominique Pelicot, in an digital platform titled “unbeknownst to her”, where Pelicot was recruiting men to visit his house to rape his wife after he had rendered her unconscious into a unconscious state.

We trust the panel will say loud and clear that in this country, human rights are also women’s rights – that consent is individual, not delegated,” declared the victim's lawyer, Antoine Camus. “Consent is secured personally and not by proxy from a spouse.”

Context

The ex-husband, a notorious sex offenders in modern French history, was handed a sentence to 20 years in prison last year for incapacitating his then wife and bringing in dozens of men to rape her in her home in the Provence village of Mazan over a period of nearly ten years of their union.

Fifty other men were found convicted in a notable trial last year, and the appellant was the sole individual to contest his verdict. 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 “absolutely refuses to take any responsibility”.

Testimony and Proof

The defendant had initially sent Dominique Pelicot inappropriate pictures and then traveled an hour from his town in Provence to rape the victim, after telling his wife he was going out, the evidence indicated.

Pelicot, who was brought from isolation in prison to temporarily testify at the hearing, stated to the court that the accused had understood his wife had been “incapacitated” and he communicated to men by phone: “I seek someone to abuse my wife after I’ve sedated her unbeknownst to her.”

The courtroom became a key topic for a larger conversation on sexual violence norms in society as Dogan continued to assert he was not guilty and had not engaged in violation, arguing that because the victim's husband had allowed him into the residence, his conduct had been justifiable.

The panel in the higher court was shown recorded footage of the victim's unresponsive form, unconscious and snoring in a unconscious condition, while a grinning the perpetrator engaged in violation on several occasions over a duration of what authorities reported was 3.5 hours. The court official said she had been at danger of death by suffocation. The prosecution said there was no question that she had been unaware and had not consented.

Accused's Testimony

Dogan stated to the court the footage were simply “sexual encounters” and denied it was rape. He said what he did was “a consensual activity”, not rape. He declared the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had allowed him to the residence, and therefore it was OK. He said he was influenced by Dominique Pelicot. “I wanted to stop,” the accused told the court. “I continued because he convinced me.”

Asked if he wanted to make a last words to the court, the defendant said: “I did not intend to hurt that woman.”

Survivor's Statement

The survivor, who was applauded upon departing the trial each day by onlookers assembled to support her, addressed the defendant in court: “You haven’t understood. When are you going to recognise you assaulted me? It is unlawful to assault an incapacitated woman. When did I ever give you agreement? Never.”

Gisèle Pelicot, seventy-two, became an symbol of resistance after she gave up her right to privacy in the trial last year when she said: “Guilt ought to transfer.”

Legal Commentary

Sie, turning to the victim in court, said the defendant's unwillingness to take blame showed that: “Shame has not yet changed sides. Society is perhaps in the midst of that, perhaps propelled by the public consciousness resulting from the revelation of your case.”

Sie said the defendant's claims of blamelessness showed how societal tolerance was still widespread 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 said to the defendant: “For as much as you refuse to admit it, it’s not just a person, it’s an entire disturbing societal structure that you are upholding.”

Defendant's Background

The accused was originated from the country of Turkey and at the age of five moved to the nation of France, where his father worked as a caretaker. The court heard that his parent was abusive and that Dogan began consuming marijuana aged 10. When he was 17 he was caught by police for drug trafficking and his father kicked him out the family house. He spent time in prison for drug dealing in his twenties and had worked as a builder but had experienced periods of living on the streets.

He was married and had a son with special needs, who he was the primary guardian for, as his spouse worked in a institution's dining hall. The testimony revealed his spouse did not know he had repeated extramarital activities outside their union. His defence said this was his strategy for managing with his challenging existence. The defendant had stated to a mental health expert that each year he engaged in paid sex on his birthday. His attorneys informed the court he had arthritis resulting from the anxiety of the first trial.