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An individual was declared guilty on retrial of raping Gisèle Pelicot after she was drugged unconscious by her spouse – and received his prison sentence increased to a decade.

Retrial Proceedings

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

A panel of five men and four women, accompanied by three judges, ruled against Dogan on Thursday of sexually assaulting the victim in her bedroom in Provence in the morning of June 29, 2019.

The testimony revealed that Dogan, a married father, made contact with the victim's spouse, the husband, in an internet forum titled “unbeknownst to her”, where the husband was looking for men to come to his home to rape his wife after he had drugged her into a comatose state.

“We hope the court will say loud and clear that in this society, human rights are also women’s rights – that agreement is personal, not delegated,” stated Gisèle Pelicot’s lawyer, her legal representative. “Permission is received directly and not via a representative from a spouse.”

Background

Dominique Pelicot, a notorious sex offenders in recent French history, was handed a sentence to 20 years in prison last year for drugging his spouse and inviting multiple perpetrators to rape her in her home in the Provence village of the village of Mazan over a period of almost a decade of their marriage.

Dozens of additional defendants were found convicted in a widely publicized trial last year, and the appellant was the sole individual to contest his verdict. He was first handed a term to nine years in prison, a punishment raised on Thursday to ten years.

The lead state prosecutor, the prosecutor, had contended he should serve 12 years, because he “absolutely refuses to take any accountability”.

Testimony and Proof

Dogan had first sent Dominique Pelicot sexually explicit photos and then traveled an hour from his residence in the region to assault Gisèle Pelicot, after notifying his wife he was stepping out, the court heard.

Pelicot, who was transported from segregation in prison to briefly give evidence at the hearing, informed the court that the accused had understood his wife had been “sedated” and he told to men by phone: “I want someone to abuse my wife after I’ve sedated her without her consent.”

The courtroom became a central issue for a broader debate on rape culture in society as Dogan continued to say he was innocent and had not perpetrated assault, stating that because the victim's husband had invited him into the room, his behavior had been permissible.

The jury in the higher court was presented with recorded footage of Gisèle Pelicot’s unresponsive form, unconscious and snoring in a deep sleep, while a grinning Dogan engaged in violation on several occasions over a period of what investigators stated was 3.5 hours. The court official said she had been at risk of death by choking. The state's case said there was no question that she had been unconscious and had not consented.

Defendant's Statements

Dogan informed the court the videos were simply “intimate moments” and denied it was assault. He said what he did was “a sexual act”, not rape. He declared the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had brought him to the residence, and therefore it was permissible. He said he was deceived by the husband. “I attempted to cease,” the accused stated to the court. “I continued because he reassured me.”

Questioned if he wanted to make a final statement to the court, Dogan said: “I had no desire to injure that woman.”

Victim's Response

The victim, who was cheered upon leaving court each day by onlookers present to stand with her, said to Dogan in court: “You fail to comprehend. When are you going to recognise you raped me? It is unlawful to assault an incapacitated woman. At what point did I give you agreement? Not once.”

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.”

Legal Commentary

Sie, addressing Gisèle Pelicot in court, said Dogan’s failure to take accountability showed that: “Guilt has not shifted. Society is maybe in the process of that, perhaps propelled by the collective awareness resulting from the revelation of your ordeal.”

Sie said Dogan’s claims of blamelessness showed how societal tolerance was still widespread in society as part of “old-fashioned” forms of “patriarchal control”. He said: “We need to change the culture of violence to a society based on agreement.”

Sie said to Dogan: “For as much as you refuse to admit it, it’s not just a person, it’s an whole unpleasant cultural framework that you are supporting.”

Personal History

The accused was born in Turkey and at the age of five came to France, where his father worked as a caretaker. The court heard that his parent was abusive and that Dogan began smoking cannabis aged 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 trafficking in his early 20s and had worked as a laborer but had faced 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 educational cafeteria. The evidence showed his spouse did not know he had regular intimate relations outside their union. His legal team said this was his method of dealing with his challenging existence. Dogan had told a mental health expert that once a year he engaged in commercial sex on his birthday. His lawyers told the court he had arthritis resulting from the anxiety of the first trial.