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A man was convicted on retrial of raping Gisele Pelicot after she was sedated by her spouse – and has had his incarceration period raised to a decade.

Higher Court Case

Husamettin Dogan, 44, an unemployed builder, who had challenged his first conviction last year, experienced a appeal hearing this week at the appeals court in Nîmes.

A jury of five men and four women, accompanied by three judges, convicted Dogan on Thursday of sexually assaulting Pelicot in her home in Provence in the morning of 29 June 2019.

The court heard that the accused, a married father, reached out to the victim's spouse, Dominique Pelicot, in an internet forum called “without her knowledge”, where the husband was looking for men to come to his home to rape his wife once he had sedated her into a comatose state.

We expect the court will affirm that in this society, fundamental rights are also women’s rights – that consent is personal, not delegated,” said Gisèle Pelicot’s lawyer, her legal representative. “Permission is obtained directly and not through someone else from a spouse.”

Context

The ex-husband, one of the worst sex offenders in France's contemporary records, was given a prison term to two decades in prison last year for sedating his spouse and inviting numerous individuals to rape her in her home in the town of Mazan over a duration of almost a decade of their marriage.

Fifty other men were found guilty in a widely publicized trial last year, and the appellant was the only man to challenge his verdict. He was originally given a sentence to nine years in prison, a penalty raised on Thursday to 10 years.

The state's attorney, Dominique Sie, had contended he should serve twelve years, because he “absolutely refuses to take any accountability”.

Courtroom Details

Dogan had initially sent Dominique Pelicot sexually explicit photos and then traveled an hour from his town in Provence to rape the victim, after telling his wife he was leaving, the evidence indicated.

The ex-husband, who was transported from solitary confinement in prison to temporarily provide testimony at the hearing, stated to the court that the accused had known his wife had been “sedated” and he said to men by phone: “I want someone to assault my wife after I’ve rendered her unconscious without her consent.”

The courtroom became a central issue for a wider discussion on sexual violence norms in society as the defendant continued to say he was not guilty and had not perpetrated assault, contending that because Gisèle Pelicot’s husband had invited him into the bedroom, his behavior had been justifiable.

The jury in the higher court was shown recorded footage of the victim's limp body, comatose and snoring in a deep sleep, while a grinning the perpetrator performed assault repeatedly over a duration of what police said was several hours. The judge said she had been at peril of death by asphyxiation. The state's case said there was absolute certainty that she had been incapacitated and had not consented.

Defendant's Statements

The defendant stated to the court the videos were simply “sex scenes” and rejected it was rape. 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 house, and therefore it was permissible. He said he was manipulated by Dominique Pelicot. “I wanted to stop,” the accused stated to the court. “I continued because he persuaded me.”

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

Victim's Response

The survivor, who was supported upon exiting the courtroom each day by supporters assembled to back her, said to the defendant in court: “You haven’t understood. When are you going to recognise you violated me? It is unlawful to rape an incapacitated woman. How could I have give you consent? Never.”

Gisèle Pelicot, 72, became an symbol of resistance after she relinquished her right to anonymity in the trial last year when she said: “The shame should shift.”

Prosecutor's Remarks

Sie, turning to the victim in court, said the defendant's unwillingness to take accountability showed that: “Shame has not yet changed sides. Society is possibly in the midst of that, possibly motivated by the societal understanding resulting from the publication of your ordeal.”

Sie said Dogan’s claims of innocence showed how rape culture was still common in society as part of “archaic” forms of “male domination”. He said: “We need to change rape culture to a ethos of permission.”

The prosecutor addressed Dogan: “For as much as you reject it, it’s not just a woman, it’s an entire disturbing cultural framework that you are endorsing.”

Biographical Details

Dogan was originated from Turkey and at the age of five came to the nation of France, where his father worked as a caretaker. The testimony revealed that his parent was aggressive and that the defendant began using drugs at the age of 10. When he was 17 he was caught by authorities for dealing drugs and his parent kicked him out of home. He served time in prison for drug dealing in his young adulthood and had worked as a construction worker but had undergone periods of homelessness.

He was wed and had a child with special needs, who he was the primary guardian for, as his spouse worked in a institution's dining hall. The evidence showed his wife did not know he had repeated sexual encounters outside their marriage. His defence said this was his method of dealing with his difficult circumstances. Dogan had stated to a evaluator that annually he engaged in transactional encounters on his birthday. His attorneys informed the court he had a medical condition caused by the anxiety of the original case.