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An individual has been found guilty on retrial of raping Gisele Pelicot after she was sedated by her spouse – and was given his incarceration period extended to 10 years.

Appeal Trial

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

A jury of four women and five men, accompanied by three judges, convicted Dogan on Thursday of sexually assaulting Pelicot in her bedroom in the south of France in the morning of June 29, 2019.

The testimony revealed that the accused, a family man, reached out to the victim's husband at the time, Dominique Pelicot, in an online chatroom titled “without her knowledge”, where Pelicot was seeking men to come to his home to rape his wife once he had sedated her into a comatose state.

We trust the jury will say loud and clear that in this country, fundamental rights are also rights of women – that consent is individual, not delegated,” stated Gisèle Pelicot’s lawyer, her legal representative. “Agreement is obtained personally and not by proxy from a husband.”

Context

The husband, a notorious sex offenders in France's contemporary records, was sentenced to twenty years in prison last year for drugging his then wife and bringing in dozens of men to sexually assault her in her home in the Provence village of Mazan over a duration of almost a decade of their union.

Numerous other individuals were found guilty in a notable trial last year, and the appellant was the sole individual to challenge his verdict. He was initially given a sentence to 9 years in prison, a penalty raised on Thursday to a decade.

The chief prosecutor, Dominique Sie, had stated he should serve twelve years, because he “completely denies to take any accountability”.

Evidence Presented

Dogan had initially sent the husband sexually explicit photos and then traveled an hour from his town in the region to assault Gisèle Pelicot, after informing his wife he was going out, the evidence indicated.

The ex-husband, who was transported from segregation in prison to temporarily testify at the appeal trial, informed the court that the accused had been aware his wife had been “drugged” and he told to men by phone: “I seek someone to abuse my wife after I’ve put her to sleep without her consent.”

The proceedings became a key topic for a wider discussion on societal attitudes in society as the defendant continued to assert he was innocent and had not committed rape, contending that because Gisèle Pelicot’s husband had invited him into the room, his conduct had been justifiable.

The jury in the Nîmes appeals court was displayed video evidence of the victim's limp body, sedated and snoring in a deep sleep, while a smiling Dogan engaged in violation multiple times over a period of what authorities reported was 3.5 hours. The presiding judge said she had been at risk of fatal outcome by choking. The state prosecution said there was no doubt that she had been unaware and had not consented.

Dogan's Claims

Dogan stated to the court the videos were simply “sex scenes” and disputed it was rape. He said what he did was “a sexual act”, not rape. He told the court: “I did not commit rape.” He said the victim's husband had invited him to the house, and therefore it was acceptable. He said he was manipulated by the husband. “I tried to halt,” the accused informed the court. “I proceeded because he reassured me.”

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

Pelicot's Words

The survivor, who was applauded upon leaving court each day by supporters present to support her, addressed Dogan in court: “You do not grasp. When are you going to recognise you raped me? It is illegal to assault an unconscious woman. When did I ever give you permission? Never.”

Gisèle Pelicot, seventy-two, became an international feminist hero after she waived her right to anonymity in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

The prosecutor, turning to the victim in court, said the defendant's unwillingness to take accountability showed that: “The shame remains. The public is maybe in the midst of that, maybe driven by the public consciousness resulting from the exposure of your case.”

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

Sie said to the defendant: “For as much as you refuse to admit it, it’s not just a individual, it’s an entire sordid social system that you are endorsing.”

Defendant's Background

Dogan was originated from Turkey and at the age of 5 relocated to France, where his parent worked as a building manager. The court heard that his father was abusive and that Dogan began using drugs at the age of 10. When Dogan was seventeen he was apprehended by police for selling narcotics and his father evicted him of home. He was incarcerated in prison for drug dealing in his young adulthood and had worked as a construction worker but had undergone periods of being unhoused.

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 legal team said this was his way of coping with his stressful life. The defendant had told a mental health expert that annually he sought paid sex on his special day. His legal representatives stated to the court he had arthritis triggered by the anxiety of the initial proceedings.