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A man was convicted on appeal of raping Gisele Pelicot following she was drugged unconscious by her husband – and received his prison sentence increased to 10 years.

Appeal Trial

Husamettin Dogan, 44, an unemployed builder, who had contested his first conviction last year, faced a retrial this week at the higher court in Nîmes.

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

The court heard that the accused, a family man, reached out to the victim's spouse, Dominique Pelicot, in an internet forum titled “unbeknownst to her”, where the husband was recruiting men to come to his home to rape his wife after he had drugged her into a unconscious state.

“We hope the jury will say loud and clear that in this nation, fundamental rights are also women’s rights – that agreement is individual, not transferred,” said the victim's lawyer, her legal representative. “Agreement is obtained directly and not via a representative from a husband.”

Background

The ex-husband, a notorious sex offenders in recent French history, was given a prison term to two decades in prison last year for incapacitating his wife at the time and inviting numerous individuals to rape her in her home in the community of the village of Mazan over a period of many years of their marriage.

Fifty other men were found guilty in a notable trial last year, and Dogan was the sole individual to appeal against his sentence. He was initially sentenced to 9 years in prison, a punishment raised on Thursday to ten years.

The state's attorney, the prosecutor, had contended he should serve 12 years, because he “stubbornly rejects to take any responsibility”.

Evidence Presented

Dogan had initially sent Dominique Pelicot inappropriate pictures and then driven an hour from his village in Provence to rape the victim, after informing his wife he was leaving, the evidence indicated.

The ex-husband, who was transported from segregation in prison to briefly provide testimony at the appeal trial, stated to the court that Dogan had understood his wife had been “sedated” and he communicated to men by phone: “I want someone to assault my wife after I’ve sedated her unbeknownst to her.”

The courtroom became a key topic for a wider discussion on rape culture in society as Dogan continued to say he was innocent and had not committed rape, arguing that because the victim's husband had invited him into the bedroom, his behavior had been acceptable.

The jury in the Nîmes appeals court was presented with video evidence of the victim's unconscious figure, comatose and breathing heavily in a deep sleep, while a grinning the perpetrator engaged in violation on several occasions over a duration of what authorities reported was several hours. The judge said she had been at risk of death by choking. The state's case said there was no doubt that she had been unaware and had not agreed.

Defendant's Statements

The defendant informed the court the recordings were simply “sexual encounters” and rejected it was assault. He said what he did was “a consensual activity”, not rape. He stated the court: “I never raped.” He said the victim's husband had invited him to the residence, and therefore it was OK. He said he was deceived by Dominique Pelicot. “I attempted to cease,” the accused stated to the court. “I continued because he reassured me.”

Inquired if he wanted to make a final statement to the court, Dogan said: “I had no desire to hurt that individual.”

Pelicot's Words

The survivor, who was supported upon departing the trial each day by supporters present to back her, told Dogan in court: “You haven’t understood. When will you admit you assaulted me? It is unlawful to assault an incapacitated woman. How could I have give you consent? Not once.”

The victim, seventy-two, became an global icon after she waived her right to privacy in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

The prosecutor, speaking to Gisèle Pelicot in court, said the defendant's failure to take blame showed that: “Guilt has not shifted. Society is maybe in the process of that, perhaps propelled by the societal understanding spurred by the revelation of your case.”

Sie said Dogan’s claims of blamelessness showed how rape culture was still prevalent in society as part of “outdated” forms of “patriarchal control”. He said: “We need to change rape culture to a culture of consent.”

Sie told Dogan: “As long as you reject it, it’s not just a individual, it’s an complete sordid cultural framework that you are endorsing.”

Defendant's Background

Dogan was originated from the country of Turkey and at the age of 5 relocated to France, where his father worked as a caretaker. The court heard that his father was abusive and that Dogan began smoking cannabis aged ten. When Dogan was seventeen he was apprehended by authorities for selling narcotics and his father forced him to leave of home. He served time in prison for drug dealing in his young adulthood and had worked as a laborer but had undergone periods of homelessness.

He was wed and had a son with special needs, who he was the primary guardian for, as his spouse worked in a educational cafeteria. The court heard his wife did not know he had frequent intimate relations beyond their union. His defence said this was his way of coping with his stressful life. The defendant had informed a evaluator that each year he sought paid sex on his special day. His lawyers stated to the court he had a medical condition resulting from the anxiety of the first trial.