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A man was declared guilty on retrial of raping Gisele Pelicot following she was drugged unconscious by her then-husband – and was given his jail term extended to a decade.

Retrial Proceedings

Husamettin Dogan, 44, an out-of-work construction worker, who had challenged his initial guilty verdict last year, underwent a new trial this week at the appeals court in Nîmes.

A jury of nine jurors, accompanied by three judges, convicted Dogan on Thursday of sexually assaulting Pelicot in her bedroom in Provence in the early hours of June 29, 2019.

The evidence showed that Dogan, a family man, reached out to the victim's then husband, the husband, in an digital platform named “without her consent”, where Pelicot was recruiting men to come to his home to rape his wife after he had drugged her into a comatose state.

We expect the court will declare that in this society, fundamental rights are also women’s rights – that consent is individual, not given by another,” declared Gisèle Pelicot’s lawyer, her legal representative. “Permission is secured directly and not via a representative from a spouse.”

Background

The husband, one of the worst sexual predators in France's contemporary records, was sentenced to twenty years in prison last year for incapacitating his then wife and inviting dozens of men to sexually assault her in her home in the community of the village of Mazan over a period of almost a decade of their marriage.

Fifty other men were found culpable in a notable trial last year, and the appellant was the single defendant to contest his verdict. He was initially given a sentence to 9 years in prison, a penalty raised on Thursday to a decade.

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

Testimony and Proof

Dogan had initially sent the husband inappropriate pictures and then driven an hour from his residence in the region to assault Gisèle Pelicot, after telling his wife he was leaving, the testimony revealed.

The ex-husband, who was brought from solitary confinement in prison to briefly testify at the appeal trial, told the court that Dogan had understood his wife had been “sedated” and he told to men by phone: “I’m looking for someone to assault my wife after I’ve put her to sleep unbeknownst to her.”

The proceedings became a key topic for a wider discussion on sexual violence norms in society as Dogan continued to assert he was innocent and had not committed rape, arguing that because Gisèle Pelicot’s husband had invited him into the room, his actions had been acceptable.

The jury in the Nîmes appeals court was presented with recorded footage of Gisèle Pelicot’s unresponsive form, sedated and snoring in a unconscious condition, while a smiling the perpetrator engaged in violation repeatedly over a period of what authorities reported was several hours. The judge said she had been at danger of death by asphyxiation. The state prosecution said there was absolute certainty that she had been incapacitated and had not agreed.

Dogan's Claims

The defendant told the court the footage were simply “sex scenes” and rejected it was violation. He said what he did was “an intimate behavior”, not assault. He told the court: “I never raped.” He said Gisèle Pelicot’s husband had brought him to the home, and therefore it was OK. He said he was deceived by the husband. “I attempted to cease,” the accused informed the court. “I continued because he reassured me.”

Questioned if he wanted to make a last words to the court, the defendant said: “I did not intend to hurt that individual.”

Pelicot's Words

Gisèle Pelicot, who was supported upon departing the trial each day by onlookers assembled to support her, addressed the defendant in court: “You haven’t understood. When will you acknowledge you raped me? It’s a crime to rape an incapacitated woman. When did I ever give you permission? At no time.”

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

Prosecutor's Remarks

Sie, speaking to the victim in court, said Dogan’s refusal to take accountability showed that: “The shame remains. Society is possibly in the midst of that, perhaps motivated by the public consciousness brought by the publication of your ordeal.”

The prosecutor said the defendant's claims of blamelessness showed how societal tolerance was still prevalent in society as part of “outdated” forms of “male domination”. He said: “Now we must change rape culture to a society based on agreement.”

Sie addressed Dogan: “While you deny it, it’s not just a individual, it’s an complete sordid societal structure that you are endorsing.”

Defendant's Background

Dogan was originated from the country of Turkey and at the age of 5 moved to France, where his parent worked as a caretaker. The evidence indicated that his father was abusive and that the defendant began using drugs aged ten. When he was seventeen he was apprehended by authorities for dealing drugs and his parent evicted him of home. He spent time in prison for trafficking in his twenties and had worked as a construction worker but had undergone periods of living on the streets.

He was wed and had a son with Down’s syndrome, who he was the primary guardian for, as his spouse worked in a institution's dining hall. The court heard his wife did not know he had frequent extramarital activities outside their union. His legal team said this was his strategy for managing with his stressful life. Dogan had informed a court psychologist that once a year he engaged in commercial sex on his birthday. His legal representatives stated to the court he had a medical condition caused by the anxiety of the first trial.