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An individual was convicted on appeal of raping Gisèle Pelicot following she was drugged unconscious by her then-husband – and was given his jail term increased to 10 years.

Retrial Proceedings

Husamettin Dogan, forty-four, an out-of-work construction worker, who had appealed his first conviction last year, experienced a appeal hearing this week at the higher court in Nîmes.

A jury of nine jurors, accompanied by three judges, ruled against Dogan on Thursday of raping the victim in her residence in Provence in the early hours of 29 June 2019.

The evidence showed that Dogan, a family man, connected with the victim's spouse, Dominique Pelicot, in an online chatroom titled “without her knowledge”, where Pelicot was looking for men to come to his home to assault his wife after he had drugged her into a unconscious state.

We expect the court will declare that in this society, fundamental rights are also women’s rights – that permission is personal, not delegated,” said the victim's lawyer, her legal representative. “Agreement is received personally and not via a representative from a husband.”

Background

Dominique Pelicot, one of the worst sex offenders in modern French history, was sentenced to 20 years in prison last year for sedating his then wife and soliciting numerous individuals to rape her in her home in the community of the village of Mazan over a duration of almost a decade of their marriage.

Numerous other individuals were found culpable in a high-profile trial last year, and Dogan was the single defendant to appeal against his verdict. He was initially handed a term to 9 years in prison, a punishment raised on Thursday to 10 years.

The lead state prosecutor, Dominique Sie, had argued he should serve twelve years, because he “stubbornly rejects to take any blame”.

Evidence Presented

Dogan had initially sent the husband graphic images and then traveled an hour from his village in the region to rape Gisèle Pelicot, after telling his wife he was leaving, the testimony revealed.

The ex-husband, who was transported from isolation in prison to temporarily testify at the retrial, stated to the court that the accused had been aware his wife had been “sedated” and he told to men by phone: “I want someone to violate my wife after I’ve put her to sleep unbeknownst to her.”

The courtroom became a central issue for a larger conversation on rape culture in society as the defendant continued to say he was blameless and had not committed rape, stating that because Gisèle Pelicot’s husband had welcomed him into the bedroom, his conduct had been permissible.

The jury in the Nîmes appeals court was displayed video evidence of the victim's unconscious figure, sedated and snoring in a deep sleep, while a grinning the perpetrator engaged in violation multiple times over a period of what investigators stated was several hours. The court official said she had been at risk of fatal outcome by asphyxiation. The state prosecution said there was no question that she had been incapacitated and had not consented.

Accused's Testimony

The defendant informed the court the footage were simply “sex scenes” and disputed it was violation. He said what he did was “an intimate behavior”, not rape. He declared the court: “I did not commit rape.” He said the victim's husband had brought him to the home, and therefore it was permissible. He said he was deceived by Dominique Pelicot. “I attempted to cease,” Dogan told the court. “I carried on because he reassured me.”

Inquired if he wanted to make a last words to the court, Dogan said: “I did not intend to injure that lady.”

Survivor's Statement

The victim, who was applauded upon leaving court each day by crowds assembled to stand with her, said to the defendant in court: “You haven’t understood. When will you admit you violated me? It is unlawful to assault an unconscious woman. How could I have give you consent? At no time.”

Gisèle Pelicot, seventy-two, became an symbol of resistance after she waived her right to confidentiality in the trial last year when she said: “Shame must change sides.”

State's Argument

The prosecutor, addressing Gisèle Pelicot in court, said Dogan’s unwillingness to take accountability showed that: “Guilt has not shifted. The public is perhaps in the course of that, perhaps driven by the public consciousness spurred by the publication of your situation.”

Sie said Dogan’s claims of non-guilt showed how rape culture was still widespread in society as part of “archaic” forms of “male domination”. He said: “It is imperative to change the culture of violence to a culture of consent.”

Sie told the defendant: “For as much as you deny it, it’s not just a person, it’s an complete disturbing societal structure that you are endorsing.”

Biographical Details

Dogan was born in Turkey and at the age of five relocated to France, where his father worked as a caretaker. The testimony revealed that his father was abusive and that Dogan began smoking cannabis aged 10. When Dogan was seventeen he was stopped by authorities for dealing drugs and his father kicked him out of home. He spent time in prison for narcotics offenses in his early 20s and had worked as a builder but had experienced periods of living on the streets.

He was married and had a child with special needs, who he was the main caregiver for, as his spouse worked in a institution's dining hall. The testimony revealed his wife did not know he had repeated sexual encounters beyond their union. His legal team said this was his method of dealing with his difficult circumstances. The defendant had stated to a evaluator that once a year he engaged in commercial sex on his birthday. His lawyers informed the court he had joint inflammation caused by the anxiety of the original case.