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A man was convicted on appeal of raping Gisèle Pelicot after she was drugged unconscious by her spouse – and received his prison sentence raised to ten years.

Appeal Trial

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

A jury of five men and four women, joined by three judges, ruled against Dogan on Thursday of sexually assaulting Pelicot in her home in the south of France in the early hours of 29 June 2019.

The court heard that Dogan, a married father, reached out to the victim's husband at the time, Dominique Pelicot, in an internet forum called “unbeknownst to her”, where Pelicot was looking for men to visit his house to assault his wife once he had drugged her into a unconscious state.

We trust the court will say loud and clear that in this country, human rights are also women’s rights – that agreement is personal, not given by another,” said Gisèle Pelicot’s lawyer, her legal representative. “Consent is received personally and not via a representative from a husband.”

Background

Dominique Pelicot, a notorious sex offenders in modern French history, was given a prison term to 20 years in prison last year for incapacitating his spouse and inviting numerous individuals to rape her in her home in the community of Mazan over a span of almost a decade of their marriage.

Dozens of additional defendants were found culpable in a notable trial last year, and Dogan was the single defendant to challenge his sentence. He was originally sentenced to 9 years in prison, a penalty increased on Thursday to ten years.

The state's attorney, Dominique Sie, had contended he should serve twelve years, because he “stubbornly rejects to take any accountability”.

Testimony and Proof

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

Pelicot, who was transported from solitary confinement in prison to briefly give evidence at the hearing, informed the court that Dogan had been aware his wife had been “incapacitated” and he communicated to men by phone: “I want someone to abuse my wife after I’ve rendered her unconscious without her knowledge.”

The trial became a central issue for a wider discussion on societal attitudes in society as the defendant continued to claim he was innocent and had not committed rape, arguing that because Gisèle Pelicot’s husband had welcomed him into the residence, his behavior had been justifiable.

The panel in the Nîmes appeals court was displayed visual proof of Gisèle Pelicot’s limp body, comatose and snoring in a comatose state, while a smiling Dogan engaged in violation multiple times over a period of what authorities reported was three and a half hours. The court official said she had been at danger of fatal outcome by suffocation. The state's case said there was no question that she had been unaware and had not consented.

Dogan's Claims

The defendant told the court the footage were simply “sexual encounters” and rejected it was violation. He said what he did was “a sexual act”, not rape. He told the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had brought him to the home, and therefore it was OK. He said he was influenced by Dominique Pelicot. “I tried to halt,” the accused told the court. “I proceeded because he convinced me.”

Asked if he wanted to make a final statement to the court, the defendant said: “I had no desire to injure that individual.”

Pelicot's Words

The victim, who was supported upon leaving court each day by crowds assembled to stand with her, said to Dogan in court: “You fail to comprehend. When are you going to recognise you assaulted me? It’s a crime to assault an unaware woman. When did I ever give you permission? Not once.”

The victim, seventy-two, became an symbol of resistance after she relinquished her right to anonymity in the trial last year when she said: “Guilt ought to transfer.”

State's Argument

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

The prosecutor said Dogan’s claims of innocence showed how normalized violence was still prevalent in society as part of “old-fashioned” forms of “male domination”. He said: “We need to change rape culture to a ethos of permission.”

The prosecutor told the defendant: “While you refuse to admit it, it’s not just a individual, it’s an complete unpleasant societal structure that you are endorsing.”

Biographical Details

Dogan was originated from Turkey and at the age of 5 moved to France, where his parent worked as a caretaker. The testimony revealed that his parent was aggressive and that Dogan began smoking cannabis aged 10. When Dogan was 17 he was caught by authorities for selling narcotics and his parent kicked him out the residence. He spent time in prison for narcotics offenses in his twenties and had worked as a construction worker but had faced periods of homelessness.

He was married and had a child with special needs, who he was the principal carer for, as his spouse worked in a institution's dining hall. The court heard his wife did not know he had frequent intimate relations beyond their marriage. His legal team said this was his method of dealing with his difficult circumstances. The defendant had informed a evaluator that once a year he engaged in commercial sex on his birthday. His attorneys told the court he had a medical condition resulting from the stress of the initial proceedings.