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A man was convicted on retrial of raping Gisèle Pelicot after she was drugged unconscious by her husband – and received his prison sentence increased to a decade.

Appeal Trial

Husamettin Dogan, forty-four, an unemployed builder, who had contested his first conviction last year, faced a new trial this week at the appeals court in Nîmes.

A jury of four women and five men, joined by three judges, ruled against Dogan on Thursday of raping the victim in her home in southern France in the early hours of 29 June 2019.

The evidence showed that the accused, a family man, made contact with Gisèle Pelicot’s husband at the time, Dominique Pelicot, in an digital platform titled “without her consent”, where Pelicot was looking for men to enter his residence to rape his wife once he had drugged her into a comatose state.

“We hope the court will declare that in this nation, human rights are also women’s rights – that consent is personal, not given by another,” declared the victim's attorney, her legal representative. “Agreement is received personally and not by proxy from a husband.”

Case History

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

Dozens of additional defendants were found culpable in a widely publicized trial last year, and the appellant was the single defendant to contest his conviction. He was initially sentenced to nine years in prison, a sentence enhanced on Thursday to 10 years.

The chief prosecutor, Dominique Sie, had contended he should serve twelve years, because he “absolutely refuses to take any responsibility”.

Courtroom Details

Dogan had first sent Dominique Pelicot sexually explicit photos and then traveled an hour from his residence in Provence to assault the victim, after telling his wife he was going out, the testimony revealed.

Pelicot, who was brought from segregation in prison to briefly provide testimony at the retrial, told the court that Dogan had understood his wife had been “sedated” and he communicated to men by phone: “I’m looking for someone to violate my wife after I’ve put her to sleep unbeknownst to her.”

The courtroom became a focus point for a larger conversation on rape culture in society as Dogan continued to claim he was not guilty and had not perpetrated assault, arguing that because Gisèle Pelicot’s husband had allowed him into the residence, his actions had been justifiable.

The jury in the higher court was displayed video evidence of the victim's unresponsive form, comatose and snoring in a comatose state, while a grinning the perpetrator engaged in violation multiple times over a period of what investigators stated was 3.5 hours. The court official said she had been at danger of fatal outcome by choking. The state's case said there was no question that she had been unaware and had not agreed.

Defendant's Statements

Dogan told the court the footage were simply “sex scenes” and rejected it was assault. He said what he did was “a consensual activity”, not assault. He stated the court: “I never raped.” He said Gisèle Pelicot’s husband had invited him to the home, and therefore it was OK. He said he was influenced by Dominique Pelicot. “I wanted to stop,” Dogan stated to the court. “I continued because he persuaded me.”

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

Pelicot's Words

The survivor, who was cheered upon exiting the courtroom each day by crowds gathered to support her, said to the defendant in court: “You haven’t understood. When will you acknowledge you raped me? It’s a crime to assault an unaware woman. At what point did I give you consent? At no time.”

The victim, 72, became an symbol of resistance after she relinquished her right to privacy in the trial last year when she said: “The shame should shift.”

Legal Commentary

The prosecutor, turning to the victim in court, said Dogan’s refusal to take blame showed that: “Guilt has not shifted. The community is maybe in the course of that, possibly driven by the public consciousness brought by the revelation of your situation.”

Sie said the defendant's claims of innocence showed how societal tolerance was still widespread in society as part of “outdated” forms of “patriarchal control”. He said: “We need to change the culture of violence to a culture of consent.”

The prosecutor addressed Dogan: “As long as you refuse to admit it, it’s not just a person, it’s an entire disturbing cultural framework that you are supporting.”

Personal History

The accused was originated from Turkey and at the age of five came to France, where his father worked as a caretaker. The testimony revealed that his father was aggressive and that the defendant began smoking cannabis aged 10. When he was 17 he was apprehended by authorities for dealing drugs and his parent kicked him out of home. He spent 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 son with Down’s syndrome, who he was the primary guardian for, as his wife worked in a school canteen. The evidence showed his spouse did not know he had repeated sexual encounters outside their marriage. His defence said this was his method of dealing with his challenging existence. The defendant had stated to a evaluator that each year he sought paid sex on his special day. His lawyers informed the court he had a medical condition resulting from the pressure of the original case.