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An individual was convicted on retrial of raping Gisele Pelicot following she was sedated by her husband – and has had his incarceration period extended to a decade.

Retrial Proceedings

Husamettin Dogan, forty-four, an out-of-work construction worker, who had challenged his initial guilty verdict last year, underwent a appeal hearing this week at the appeals court in Nîmes.

A jury of five men and four women, sitting with three judges, convicted Dogan on Thursday of raping Pelicot in her home in the south of France in the early hours of June 29, 2019.

The evidence showed that the accused, a family man, made contact with Gisèle Pelicot’s then husband, the husband, in an internet forum called “without her consent”, where Pelicot was looking for men to visit his house to rape his wife once he had drugged her into a unconscious state.

We trust the court will declare that in this country, fundamental rights are also rights of women – that consent is personal, not delegated,” stated Gisèle Pelicot’s attorney, Antoine Camus. “Permission is obtained personally and not through someone else from a husband.”

Context

Dominique Pelicot, a notorious sex offenders in modern French history, was given a prison term to 20 years in prison last year for sedating his then wife and inviting numerous individuals to rape her in her home in the Provence village of Mazan over a period of nearly ten years of their union.

Fifty other men were found convicted in a widely publicized trial last year, and Dogan was the sole individual to appeal against his conviction. He was originally handed a term to 9 years in prison, a punishment raised on Thursday to a decade.

The chief prosecutor, the prosecutor, had contended he should serve 12 years, because he “completely denies to take any accountability”.

Courtroom Details

Dogan had first sent the husband sexually explicit photos and then driven an hour from his village in the region to assault the victim, after telling his wife he was stepping out, the testimony revealed.

The ex-husband, who was transported from segregation in prison to temporarily testify at the hearing, informed the court that Dogan had understood his wife had been “incapacitated” and he said to men by phone: “I want someone to assault my wife after I’ve put her to sleep without her consent.”

The proceedings became a key topic for a larger conversation on sexual violence norms in society as Dogan continued to say he was blameless and had not engaged in violation, arguing that because the victim's husband had welcomed him into the residence, his behavior had been permissible.

The panel in the higher court was shown video evidence of Gisèle Pelicot’s unresponsive form, unconscious and breathing heavily in a unconscious condition, while a smiling the perpetrator committed rape on several occasions over a period of what investigators stated was 3.5 hours. The presiding judge said she had been at danger of fatal outcome by suffocation. The prosecution said there was absolute certainty that she had been unaware and had not given permission.

Defendant's Statements

Dogan told the court the videos were simply “intimate moments” and disputed it was violation. He said what he did was “a sexual act”, not assault. He stated the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had allowed him to the residence, and therefore it was OK. He said he was deceived by the husband. “I attempted to cease,” Dogan informed the court. “I proceeded because he convinced me.”

Questioned if he wanted to make a final statement to the court, the defendant said: “I never wanted to harm that lady.”

Survivor's Statement

The victim, who was supported upon exiting the courtroom each day by onlookers present to back her, told Dogan in court: “You fail to comprehend. When will you acknowledge you assaulted me? It is unlawful to assault an incapacitated woman. How could I have give you agreement? At no time.”

The victim, 72, became an global icon after she gave up her right to confidentiality in the trial last year when she said: “The shame should shift.”

Prosecutor's Remarks

The prosecutor, speaking to the victim in court, said Dogan’s unwillingness to take responsibility showed that: “Guilt has not shifted. The public is possibly in the course of that, maybe driven by the societal understanding resulting from 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: “Now we must change rape culture to a ethos of permission.”

The prosecutor told the defendant: “As long as you refuse to admit it, it’s not just a person, it’s an complete unpleasant social system that you are endorsing.”

Personal History

The accused was born in the country of Turkey and at the age of five came to France, where his parent worked as a caretaker. The court heard that his parent was violent and that the defendant began using drugs at the age of 10. When he was 17 he was apprehended by authorities for selling narcotics and his parent kicked him out of home. 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 child with a genetic condition, who he was the main caregiver for, as his wife worked in a educational cafeteria. The testimony revealed his spouse did not know he had regular extramarital activities outside their marriage. His legal team said this was his strategy for managing with his challenging existence. The defendant had informed a evaluator that each year he engaged in paid sex on his birthday. His legal representatives told the court he had joint inflammation caused by the stress of the first trial.