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A defendant has been found guilty on retrial of raping Gisele Pelicot after she was drugged unconscious by her husband – and received his incarceration period raised to 10 years.

Appeal Trial

Husamettin Dogan, 44, an unemployed builder, who had appealed his first conviction last year, underwent a retrial this week at the Nîmes court of appeal.

A panel of four women and five men, accompanied by three judges, convicted Dogan on Thursday of raping the victim in her bedroom in the south of France in the early hours of June 29, 2019.

The testimony revealed that the accused, a married father, connected with the victim's spouse, the husband, in an digital platform called “unbeknownst to her”, where Pelicot was recruiting men to visit his house to rape his wife once he had drugged her into a deep sleep.

We expect the court will say loud and clear that in this country, human rights are also women’s rights – that consent is individual, not transferred,” said Gisèle Pelicot’s lawyer, her legal representative. “Permission is secured personally and not through someone else from a spouse.”

Context

Dominique Pelicot, a notorious sex offenders in modern French history, was sentenced to 20 years in prison last year for incapacitating his spouse and inviting dozens of men to sexually assault her in her home in the community of the village of Mazan over a duration of almost a decade of their marriage.

Numerous other individuals were found culpable in a notable trial last year, and Dogan was the single defendant to contest his conviction. He was first given a sentence to nine years in prison, a punishment enhanced on Thursday to ten years.

The state's attorney, Dominique Sie, had stated he should serve twelve years, because he “completely denies to take any accountability”.

Testimony and Proof

The defendant had first sent the husband sexually explicit photos and then driven an hour from his residence in the region to assault Gisèle Pelicot, after notifying his wife he was leaving, the court heard.

Pelicot, who was transported from isolation in prison to briefly give evidence at the retrial, stated to the court that Dogan had understood his wife had been “sedated” and he communicated to men by phone: “I want someone to violate my wife after I’ve put her to sleep without her consent.”

The courtroom became a key topic for a larger conversation on sexual violence norms in society as the defendant continued to claim he was blameless and had not committed rape, arguing that because Gisèle Pelicot’s husband had welcomed him into the room, his actions had been justifiable.

The panel in the higher court was displayed recorded footage of Gisèle Pelicot’s unresponsive form, sedated and breathing heavily in a deep sleep, while a grinning Dogan engaged in violation repeatedly over a duration of what police said was 3.5 hours. The judge said she had been at danger of fatal outcome by choking. The prosecution said there was no doubt that she had been unconscious and had not agreed.

Defendant's Statements

Dogan told the court the videos were simply “intimate moments” and denied it was assault. He said what he did was “an intimate behavior”, not rape. He told the court: “I am innocent of assault.” He said the victim's husband had allowed him to the residence, and therefore it was OK. He said he was deceived by Dominique Pelicot. “I wanted to stop,” the accused informed the court. “I proceeded because he persuaded me.”

Inquired if he wanted to make a closing remarks to the court, Dogan said: “I never wanted to harm that woman.”

Victim's Response

The victim, who was cheered upon departing the trial each day by supporters gathered to support her, said to Dogan in court: “You do not grasp. When will you acknowledge you raped me? It’s a crime to rape an unconscious woman. How could I have give you consent? At no time.”

Gisèle Pelicot, 72, became an global icon after she gave up her right to anonymity in the trial last year when she said: “Shame must change sides.”

Legal Commentary

Sie, turning to the victim in court, said Dogan’s unwillingness to take blame showed that: “Guilt has not shifted. The public is possibly in the midst of that, maybe propelled by the societal understanding spurred by the revelation of your situation.”

Sie said the defendant's claims of blamelessness showed how rape culture was still prevalent in society as part of “old-fashioned” forms of “gender-based power”. He said: “Now we must change rape culture to a ethos of permission.”

Sie said to the defendant: “For as much as you refuse to admit it, it’s not just a woman, it’s an complete disturbing societal structure that you are supporting.”

Personal History

The accused was originated from the country of Turkey and at the age of five came to France, where his father worked as a building manager. The evidence indicated that his father was aggressive and that Dogan began smoking cannabis aged ten. When Dogan was 17 he was caught by authorities for dealing drugs and his parent kicked him out the family house. He served time in prison for drug dealing in his young adulthood and had worked as a construction worker but had experienced periods of being unhoused.

He was married and had a child 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 regular sexual encounters beyond their marriage. His legal team said this was his way of coping with his stressful life. Dogan had stated to a mental health expert that once a year he looked for transactional encounters on his birthday. His attorneys informed the court he had arthritis caused by the anxiety of the first trial.