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A man was declared guilty on retrial of raping Gisele Pelicot after she was sedated by her then-husband – and received his jail term extended to ten years.

Retrial Proceedings

Husamettin Dogan, 44, an unemployed builder, who had contested his initial guilty verdict last year, underwent a new trial this week at the Nîmes court of appeal.

A jury of nine jurors, accompanied by three judges, ruled against Dogan on Thursday of raping the victim in her bedroom in southern France in the morning of June 29, 2019.

The evidence showed that the accused, a married father, made contact with the victim's then husband, the husband, in an internet forum called “unbeknownst to her”, where the husband was recruiting men to come to his home to assault his wife once he had drugged her into a deep sleep.

We expect the court will declare that in this nation, fundamental rights are also rights of women – that consent is individual, not delegated,” said the victim's attorney, Antoine Camus. “Consent is obtained directly and not by proxy from a spouse.”

Background

Dominique Pelicot, among the most severe sex offenders in France's contemporary records, was handed a sentence to 20 years in prison last year for sedating his wife at the time and bringing in dozens of men to sexually assault her in her home in the Provence 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 the appellant was the sole individual to appeal against his conviction. He was originally sentenced to nine years in prison, a sentence enhanced on Thursday to a decade.

The chief prosecutor, the prosecutor, had argued he should serve 12 years, because he “stubbornly rejects to take any blame”.

Courtroom Details

The defendant had initially sent Dominique Pelicot sexually explicit photos and then traveled an hour from his town in Provence to assault the victim, after telling his wife he was going out, the evidence indicated.

Pelicot, who was brought from solitary confinement in prison to briefly give evidence at the appeal trial, informed the court that the accused had known his wife had been “drugged” and he communicated to men by phone: “I’m looking for someone to assault my wife after I’ve sedated her without her consent.”

The trial became a focus point for a broader debate on societal attitudes in society as Dogan continued to say he was innocent and had not committed rape, contending that because the victim's husband had allowed him into the bedroom, his actions had been justifiable.

The panel in the Nîmes appeals court was presented with video evidence of Gisèle Pelicot’s limp body, comatose and snoring in a unconscious condition, while a grinning the perpetrator performed assault repeatedly over a period of what police said was several hours. The court official said she had been at danger of fatal outcome by asphyxiation. The state's case said there was no doubt that she had been incapacitated and had not given permission.

Dogan's Claims

The defendant stated to the court the footage were simply “sexual encounters” and denied it was assault. He said what he did was “an intimate behavior”, not assault. He declared the court: “I did not commit rape.” He said the victim's husband had allowed him to the residence, and therefore it was acceptable. He said he was manipulated by Dominique Pelicot. “I wanted to stop,” the accused informed the court. “I carried on because he convinced me.”

Inquired if he wanted to make a closing remarks to the court, the defendant said: “I had no desire to hurt that individual.”

Survivor's Statement

The victim, who was supported upon departing the trial each day by onlookers gathered to back her, said to Dogan in court: “You haven’t understood. When will you acknowledge you raped me? It’s a crime to rape an incapacitated woman. At what point did I give you agreement? At no time.”

Gisèle Pelicot, seventy-two, became an symbol of resistance after she relinquished her right to privacy in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

Sie, addressing Gisèle Pelicot in court, said Dogan’s failure to take blame showed that: “Shame has not yet changed sides. The community is maybe in the midst of that, perhaps propelled by the public consciousness brought by the publication of your situation.”

Sie said the defendant's claims of non-guilt showed how societal tolerance was still widespread in society as part of “archaic” forms of “gender-based power”. He said: “It is imperative to change rape culture to a society based on agreement.”

Sie told the defendant: “For as much as you reject it, it’s not just a woman, it’s an complete sordid cultural framework that you are supporting.”

Defendant's Background

The accused was originated from Turkey and at the age of 5 relocated to France, where his parent worked as a building manager. The testimony revealed that his parent was violent and that Dogan began smoking cannabis aged ten. When he was seventeen he was apprehended by authorities for drug trafficking and his father evicted him the family house. He was incarcerated 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 married and had a son with a genetic condition, who he was the primary guardian for, as his wife worked in a school canteen. The evidence showed his spouse did not know he had repeated extramarital activities outside their marriage. His legal team said this was his method of dealing with his challenging existence. The defendant had informed a mental health expert that once a year he engaged in commercial sex on his special day. His legal representatives stated to the court he had a medical condition caused by the stress of the initial proceedings.