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A man has been found guilty on retrial of sexually assaulting Gisèle Pelicot after she was drugged unconscious by her spouse – and was given his incarceration period increased to 10 years.

Retrial Proceedings

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

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

The court heard that the accused, a family man, made contact with Gisèle Pelicot’s spouse, Dominique Pelicot, in an online chatroom named “unbeknownst to her”, where the husband was recruiting men to visit his house to rape his wife after he had sedated her into a unconscious state.

We trust the panel will affirm that in this society, human rights are also rights of women – that consent is personal, not delegated,” stated Gisèle Pelicot’s lawyer, her legal representative. “Agreement is secured directly and not via a representative from a spouse.”

Context

The husband, one of the worst sexual predators in recent French history, was sentenced to 20 years in prison last year for drugging his spouse and inviting numerous individuals to sexually assault her in her home in the town of Mazan over a period of many years of their marriage.

Fifty other men were found convicted in a notable trial last year, and the appellant was the single defendant to challenge his verdict. He was initially handed a term to nine years in prison, a punishment raised on Thursday to 10 years.

The lead state prosecutor, Dominique Sie, had argued he should serve 12 years, because he “completely denies to take any responsibility”.

Courtroom Details

Dogan had first sent Dominique Pelicot graphic images and then traveled an hour from his residence in Provence to assault Gisèle Pelicot, after telling his wife he was stepping out, the testimony revealed.

The ex-husband, who was brought from isolation in prison to briefly testify at the hearing, told the court that the accused had understood his wife had been “sedated” and he said to men by phone: “I’m looking for someone to abuse my wife after I’ve put her to sleep without her knowledge.”

The trial became a focus point for a broader debate on sexual violence norms in society as the defendant continued to claim he was innocent and had not committed rape, stating that because Gisèle Pelicot’s husband had allowed him into the bedroom, his actions had been acceptable.

The panel in the higher court was presented with visual proof of the victim's limp body, unconscious and breathing heavily in a comatose state, while a smiling the perpetrator committed rape repeatedly over a timeframe of what investigators stated was three and a half hours. The court official said she had been at risk of fatal outcome by suffocation. The state's case said there was absolute certainty that she had been unconscious and had not consented.

Accused's Testimony

The defendant informed the court the recordings were simply “intimate moments” and denied it was assault. He said what he did was “a consensual activity”, not assault. He told the court: “I did not commit rape.” He said the victim's husband had brought him to the house, and therefore it was permissible. He said he was influenced by the husband. “I wanted to stop,” the accused informed the court. “I proceeded because he convinced me.”

Asked if he wanted to make a closing remarks to the court, Dogan said: “I had no desire to harm that lady.”

Pelicot's Words

Gisèle Pelicot, who was cheered upon exiting the courtroom each day by supporters gathered to back her, told the defendant in court: “You fail to comprehend. When will you admit you violated me? It is unlawful to rape an incapacitated woman. How could I have give you permission? At no time.”

The victim, seventy-two, became an international feminist hero after she gave up her right to anonymity in the trial last year when she said: “The shame should shift.”

State's Argument

The prosecutor, turning to Gisèle Pelicot in court, said Dogan’s unwillingness to take blame showed that: “Shame has not yet changed sides. The public is possibly in the midst of that, maybe motivated by the public consciousness brought by the exposure of your ordeal.”

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

The prosecutor told the defendant: “For as much as you refuse to admit it, it’s not just a person, it’s an entire sordid societal structure that you are supporting.”

Personal History

Dogan was born in Turkey and at the age of five moved to the nation of France, where his parent worked as a concierge. The testimony revealed that his parent was abusive and that Dogan began smoking cannabis aged ten. When he was seventeen he was apprehended by police for selling narcotics and his parent kicked him out the family house. He was incarcerated in prison for narcotics offenses in his early 20s and had worked as a builder but had undergone periods of homelessness.

He was wed and had a son with Down’s syndrome, who he was the principal carer for, as his wife worked in a institution's dining hall. The testimony revealed his spouse did not know he had repeated sexual encounters beyond their marriage. His defence said this was his strategy for managing with his difficult circumstances. Dogan had told a mental health expert that each year he looked for paid sex on his special day. His legal representatives stated to the court he had joint inflammation resulting from the pressure of the initial proceedings.