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A man has been found guilty on retrial of raping Gisele Pelicot following she was sedated by her then-husband – and received his incarceration period extended to a decade.

Appeal Trial

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

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

The court heard that Dogan, a family man, reached out to Gisèle Pelicot’s husband at the time, the husband, in an online chatroom called “without her consent”, where Pelicot was seeking men to visit his house to rape his wife after he had drugged her into a deep sleep.

We expect the court will affirm that in this country, fundamental rights are also women’s rights – that consent is personal, not transferred,” said Gisèle Pelicot’s lawyer, her legal representative. “Agreement is secured directly and not by proxy from a husband.”

Context

The husband, among the most severe sexual predators in modern French history, was sentenced to 20 years in prison last year for incapacitating his then wife and bringing in numerous individuals to rape her in her home in the Provence village of Mazan over a duration of almost a decade of their union.

Fifty other men were found culpable in a high-profile 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 ten years.

The lead state prosecutor, the prosecutor, had stated he should serve twelve years, because he “completely denies to take any accountability”.

Testimony and Proof

The defendant had initially sent Dominique Pelicot sexually explicit photos and then traveled an hour from his residence in Provence to assault Gisèle Pelicot, after telling his wife he was leaving, the evidence indicated.

Pelicot, who was brought from segregation in prison to temporarily give evidence at the appeal trial, told the court that Dogan had been aware his wife had been “incapacitated” and he communicated to men by phone: “I want someone to assault my wife after I’ve sedated her without her consent.”

The proceedings became a central issue for a wider discussion on societal attitudes in society as the defendant continued to assert he was blameless and had not perpetrated assault, contending that because Gisèle Pelicot’s husband had welcomed him into the bedroom, his actions had been permissible.

The panel in the higher court was shown video evidence of the victim's unresponsive form, sedated and breathing heavily in a deep sleep, while a smiling Dogan engaged in violation on several occasions over a timeframe of what investigators stated was three and a half hours. The court official said she had been at peril of death by suffocation. The state's case said there was absolute certainty that she had been unaware and had not agreed.

Defendant's Statements

The defendant stated to the court the recordings were simply “sex scenes” and denied it was rape. He said what he did was “a consensual activity”, not assault. He declared the court: “I never raped.” He said the victim's husband had brought him to the home, and therefore it was OK. He said he was manipulated by Dominique Pelicot. “I attempted to cease,” the accused told the court. “I proceeded because he reassured me.”

Asked if he wanted to make a final statement to the court, Dogan said: “I never wanted to harm that woman.”

Survivor's Statement

The victim, who was supported upon exiting the courtroom each day by crowds present to back her, said to the defendant in court: “You fail to comprehend. When will you admit you raped me? It is illegal to assault an unconscious woman. At what point did I give you consent? Never.”

Gisèle Pelicot, 72, became an symbol of resistance after she waived her right to anonymity in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

Sie, speaking to the victim in court, said Dogan’s refusal to take accountability showed that: “Shame has not yet changed sides. The public is maybe in the midst of that, possibly motivated by the societal understanding spurred by the revelation of your ordeal.”

Sie said the defendant's claims of non-guilt showed how rape culture was still common in society as part of “outdated” forms of “gender-based power”. He said: “Now we must change the culture of violence to a society based on agreement.”

Sie told the defendant: “As long as you deny it, it’s not just a individual, it’s an entire sordid social system that you are supporting.”

Personal History

The accused was originated from Turkey and at the age of five relocated to France, where his parent worked as a building manager. The evidence indicated that his father was violent and that the defendant began using drugs at the age of 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 drug dealing in his early 20s and had worked as a construction worker but had experienced periods of living on the streets.

He was married and had a child with Down’s syndrome, who he was the primary guardian for, as his wife worked in a institution's dining hall. The testimony revealed his wife did not know he had regular intimate relations outside their marriage. His defence said this was his method of dealing with his challenging existence. The defendant had stated to a court psychologist that annually he sought paid sex on his birthday. His lawyers told the court he had a medical condition caused by the pressure of the original case.