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A man was convicted on higher court review of raping Gisèle Pelicot after she was sedated by her husband – and has had his prison sentence increased to a decade.

Retrial Proceedings

Husamettin Dogan, 44, an out-of-work construction worker, who had contested his first conviction last year, faced a new trial this week at the Nîmes court of appeal.

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

The court heard that Dogan, a family man, connected with the victim's husband at the time, Dominique Pelicot, in an internet forum called “unbeknownst to her”, where Pelicot was seeking men to come to his home to rape his wife after he had drugged her into a unconscious state.

We expect the jury will declare that in this society, fundamental rights are also women’s rights – that permission is individual, not given by another,” declared Gisèle Pelicot’s attorney, her legal representative. “Consent is received personally and not through someone else from a husband.”

Context

The husband, one of the worst sex offenders in France's contemporary records, was given a prison term to 20 years in prison last year for incapacitating his then wife and bringing in multiple perpetrators to sexually assault 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 sole individual to contest his sentence. He was first given a sentence to 9 years in prison, a sentence enhanced on Thursday to 10 years.

The state's attorney, the prosecutor, had stated he should serve twelve years, because he “completely denies to take any responsibility”.

Evidence Presented

The defendant had first sent Dominique Pelicot inappropriate pictures and then driven an hour from his village in Provence to assault Gisèle Pelicot, after telling his wife he was stepping out, the testimony revealed.

Pelicot, who was brought from solitary confinement in prison to temporarily testify at the appeal trial, informed the court that the accused had understood his wife had been “incapacitated” and he told to men by phone: “I seek someone to abuse my wife after I’ve put her to sleep unbeknownst to her.”

The trial became a focus point for a larger conversation on societal attitudes in society as Dogan continued to assert he was blameless and had not committed rape, contending that because the victim's husband had welcomed him into the bedroom, his conduct had been acceptable.

The panel in the Nîmes appeals court was shown recorded footage of the victim's unconscious figure, comatose and snoring in a deep sleep, while a grinning Dogan engaged in violation multiple times over a period of what police said was several hours. The judge said she had been at peril of death by suffocation. The prosecution said there was no question that she had been unconscious and had not given permission.

Dogan's Claims

The defendant told the court the footage were simply “sex scenes” and denied it was rape. He said what he did was “a sexual act”, 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 acceptable. He said he was influenced by Dominique Pelicot. “I attempted to cease,” Dogan told the court. “I continued because he persuaded me.”

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

Pelicot's Words

Gisèle Pelicot, who was applauded upon leaving court each day by supporters gathered to back her, said to Dogan in court: “You haven’t understood. When will you acknowledge you assaulted me? It is illegal to rape an incapacitated woman. At what point did I give you permission? At no time.”

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

State's Argument

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

Sie said Dogan’s claims of non-guilt showed how rape culture was still widespread in society as part of “old-fashioned” forms of “gender-based power”. He said: “Now we must change the culture of violence to a culture of consent.”

The prosecutor told the defendant: “As long as you refuse to admit it, it’s not just a individual, it’s an whole disturbing cultural framework that you are upholding.”

Personal History

Dogan was born in Turkey and at the age of 5 moved to the nation of France, where his father worked as a building manager. The testimony revealed that his father was abusive and that Dogan began consuming marijuana aged 10. When Dogan was seventeen he was stopped by police for selling narcotics and his father forced him to leave the residence. He served time in prison for narcotics offenses in his young adulthood and had worked as a laborer but had faced periods of homelessness.

He was married and had a son with a genetic condition, who he was the main caregiver for, as his wife worked in a educational cafeteria. The evidence showed his wife did not know he had regular extramarital activities beyond their union. His defence said this was his strategy for managing with his stressful life. The defendant had stated to a court psychologist that each year he looked for commercial sex on his birthday. His lawyers informed the court he had joint inflammation caused by the pressure of the initial proceedings.