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A defendant was declared guilty on retrial of sexually assaulting Gisele Pelicot following she was drugged unconscious by her then-husband – and has had his prison sentence raised to a decade.

Retrial Proceedings

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

A jury of nine jurors, joined by three judges, convicted Dogan on Thursday of raping Pelicot in her residence in Provence in the morning of 29 June 2019.

The testimony revealed that the accused, a married father, connected with Gisèle Pelicot’s husband at the time, Dominique Pelicot, in an digital platform titled “unbeknownst to her”, where Pelicot was looking for men to come to his home to rape his wife once he had rendered her unconscious into a comatose state.

“We hope the jury will affirm that in this country, fundamental rights are also rights of women – that consent is personal, not given by another,” declared the victim's lawyer, her legal representative. “Consent is secured directly and not by proxy from a spouse.”

Background

The ex-husband, a notorious sexual predators in recent French history, was sentenced to twenty years in prison last year for sedating his then wife and bringing in numerous individuals to rape her in her home in the town of the village of Mazan over a duration of nearly ten years of their marriage.

Numerous other individuals were found guilty in a widely publicized trial last year, and Dogan was the single defendant to appeal against his sentence. He was initially sentenced to nine years in prison, a punishment increased on Thursday to 10 years.

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

Evidence Presented

Dogan had initially sent Dominique Pelicot inappropriate pictures and then traveled an hour from his village in Provence to assault Gisèle Pelicot, after informing his wife he was leaving, the court heard.

The ex-husband, who was transported from segregation in prison to temporarily give evidence at the retrial, stated to the court that Dogan had understood his wife had been “drugged” and he told to men by phone: “I’m looking for someone to violate my wife after I’ve rendered her unconscious without her knowledge.”

The proceedings became a focus point for a larger conversation on sexual violence norms in society as Dogan continued to say he was blameless and had not perpetrated assault, stating that because the victim's husband had invited him into the bedroom, his actions had been justifiable.

The panel in the higher court was shown visual proof of Gisèle Pelicot’s unconscious figure, comatose and breathing heavily in a unconscious condition, while a smiling Dogan performed assault repeatedly over a duration of what investigators stated was three and a half hours. The judge said she had been at peril of fatal outcome by asphyxiation. The prosecution said there was no doubt that she had been unconscious and had not consented.

Accused's Testimony

The defendant told the court the recordings were simply “sexual encounters” and rejected it was assault. He said what he did was “a sexual act”, not rape. He told the court: “I did not commit rape.” He said the victim's husband had invited him to the residence, and therefore it was permissible. He said he was influenced by Dominique Pelicot. “I tried to halt,” Dogan stated to the court. “I carried on because he convinced me.”

Inquired if he wanted to make a final statement to the court, the defendant said: “I never wanted to hurt that woman.”

Victim's Response

Gisèle Pelicot, who was applauded upon leaving court each day by onlookers gathered to support her, addressed Dogan in court: “You fail to comprehend. When will you acknowledge you assaulted me? It is unlawful to assault an unconscious woman. When did I ever give you permission? Never.”

Gisèle Pelicot, seventy-two, became an international feminist hero after she waived her right to confidentiality 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 responsibility showed that: “Shame has not yet changed sides. Society is possibly in the process of that, maybe propelled by the societal understanding spurred by the revelation of your case.”

The prosecutor said Dogan’s claims of innocence showed how societal tolerance was still prevalent in society as part of “outdated” forms of “patriarchal control”. He said: “It is imperative to change rape culture to a culture of consent.”

The prosecutor said to the defendant: “For as much as you reject it, it’s not just a person, it’s an whole unpleasant cultural framework that you are endorsing.”

Biographical Details

The accused was originated from Turkey and at the age of 5 relocated to the nation of France, where his parent worked as a building manager. The court heard that his father was violent and that the defendant began consuming marijuana aged ten. When Dogan was 17 he was stopped by authorities for drug trafficking and his parent kicked him out the residence. He served time in prison for narcotics offenses in his young adulthood and had worked as a construction worker but had faced periods of being unhoused.

He was wed and had a son with Down’s syndrome, who he was the primary guardian for, as his wife worked in a institution's dining hall. The evidence showed his wife did not know he had frequent sexual encounters beyond their marriage. His defence said this was his strategy for managing with his difficult circumstances. Dogan had stated to a mental health expert that each year he looked for paid sex on his special day. His lawyers told the court he had arthritis caused by the anxiety of the initial proceedings.