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A man was declared guilty on retrial of sexually assaulting Gisèle Pelicot following she was drugged unconscious by her spouse – and has had his incarceration period raised to 10 years.

Appeal Trial

Husamettin Dogan, 44, an unemployed builder, who had contested his initial guilty verdict last year, underwent a new trial this week at the appeals court in Nîmes.

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

The court heard that Dogan, a married father, made contact with Gisèle Pelicot’s husband at the time, the husband, in an internet forum titled “without her consent”, where the husband was recruiting men to come to his home to rape his wife once he had drugged her into a unconscious state.

We expect the jury will say loud and clear that in this nation, fundamental rights are also rights of women – that agreement is individual, not given by another,” said Gisèle Pelicot’s lawyer, her legal representative. “Agreement is secured directly and not via a representative from a spouse.”

Background

Dominique Pelicot, a notorious sexual predators in France's contemporary records, was given a prison term to two decades in prison last year for incapacitating his wife at the time and soliciting dozens of men to rape her in her home in the community of Mazan over a period of many years of their marriage.

Dozens of additional defendants were found guilty in a widely publicized trial last year, and Dogan was the only man to contest his conviction. He was initially handed a term to nine years in prison, a sentence increased on Thursday to ten years.

The lead state prosecutor, the prosecutor, had contended he should serve twelve years, because he “absolutely refuses to take any accountability”.

Evidence Presented

Dogan had first sent Dominique Pelicot inappropriate pictures and then driven an hour from his residence in the region to rape Gisèle Pelicot, after notifying his wife he was leaving, the court heard.

Pelicot, who was brought from segregation in prison to briefly testify at the hearing, told the court that the accused had been aware his wife had been “drugged” and he communicated to men by phone: “I want someone to violate my wife after I’ve put her to sleep without her consent.”

The trial became a central issue for a broader debate on rape culture in society as Dogan continued to say he was not guilty and had not perpetrated assault, contending that because Gisèle Pelicot’s husband had invited him into the room, his conduct had been justifiable.

The panel in the higher court was displayed recorded footage of Gisèle Pelicot’s limp body, unconscious and breathing heavily in a deep sleep, while a smiling the perpetrator engaged in violation repeatedly over a timeframe of what police said was three and a half hours. The judge said she had been at danger of death by asphyxiation. The prosecution said there was no question that she had been unconscious and had not consented.

Dogan's Claims

Dogan told the court the recordings were simply “sexual encounters” and denied it was assault. He said what he did was “a consensual activity”, not assault. He stated the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had allowed him to the home, and therefore it was permissible. He said he was influenced by the husband. “I tried to halt,” Dogan informed the court. “I proceeded because he reassured me.”

Questioned if he wanted to make a closing remarks to the court, Dogan said: “I had no desire to hurt that individual.”

Victim's Response

Gisèle Pelicot, who was supported upon exiting the courtroom each day by crowds gathered to back her, told the defendant in court: “You haven’t understood. When are you going to recognise you raped me? It’s a crime to rape an unconscious woman. When did I ever give you permission? Never.”

The victim, 72, became an international feminist hero after she waived her right to confidentiality in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

The prosecutor, addressing the victim in court, said the defendant's unwillingness to take accountability showed that: “The shame remains. Society is possibly in the course of that, perhaps propelled by the public consciousness resulting from the revelation of your situation.”

Sie said the defendant's claims of innocence showed how normalized violence was still common in society as part of “archaic” forms of “gender-based power”. He said: “We need to change the culture of violence to a ethos of permission.”

Sie said to Dogan: “While you refuse to admit it, it’s not just a woman, it’s an complete unpleasant social system that you are supporting.”

Biographical Details

The accused was born in the country of Turkey and at the age of 5 relocated to France, where his father worked as a concierge. The testimony revealed that his parent was abusive and that the defendant began smoking cannabis at the age of ten. When he was seventeen he was apprehended by police for selling narcotics and his father evicted him the family house. He was incarcerated in prison for trafficking in his early 20s and had worked as a laborer but had faced periods of being unhoused.

He was wed and had a child with Down’s syndrome, who he was the primary guardian for, as his spouse worked in a educational cafeteria. The court heard his wife did not know he had regular sexual encounters outside their union. His legal team said this was his method of dealing with his difficult circumstances. Dogan had told a mental health expert that once a year he sought commercial sex on his special day. His attorneys informed the court he had joint inflammation triggered by the stress of the initial proceedings.