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A defendant was convicted on retrial of sexually assaulting Gisèle Pelicot after she was drugged unconscious by her then-husband – and has had his prison sentence increased to ten years.

Higher Court Case

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

A jury of nine jurors, sitting with three judges, ruled against Dogan on Thursday of raping the victim in her bedroom in the south of France in the early hours of 29 June 2019.

The court heard that Dogan, a family man, reached out to Gisèle Pelicot’s husband at the time, the husband, in an online chatroom called “without her consent”, where the husband was seeking men to come to his home to assault his wife after he had drugged her into a deep sleep.

We expect the court will say loud and clear that in this nation, human rights are also rights of women – that agreement is individual, not delegated,” declared Gisèle Pelicot’s attorney, her legal representative. “Permission is obtained directly and not via a representative from a spouse.”

Background

Dominique Pelicot, one of the worst sex offenders in recent French history, was sentenced to two decades in prison last year for drugging his wife at the time and inviting multiple perpetrators to rape her in her home in the community of Mazan over a span of many years of their marriage.

Dozens of additional defendants were found convicted in a high-profile trial last year, and the appellant was the only man to appeal against his sentence. He was originally sentenced to nine years in prison, a sentence raised on Thursday to ten years.

The state's attorney, Dominique Sie, had stated he should serve 12 years, because he “stubbornly rejects to take any responsibility”.

Courtroom Details

Dogan had initially sent the husband sexually explicit photos and then traveled an hour from his village in Provence to assault the victim, after telling his wife he was leaving, the court heard.

Pelicot, who was brought from segregation in prison to briefly give evidence at the retrial, 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 violate my wife after I’ve rendered her unconscious without her knowledge.”

The proceedings became a key topic for a wider discussion on rape culture in society as Dogan continued to assert he was innocent and had not engaged in violation, stating that because the victim's husband had invited him into the bedroom, his conduct had been permissible.

The panel in the higher court was shown visual proof of Gisèle Pelicot’s unresponsive form, sedated and snoring in a deep sleep, while a grinning Dogan performed assault on several occasions over a timeframe of what investigators stated was 3.5 hours. The judge said she had been at risk of fatal outcome by suffocation. The prosecution said there was absolute certainty that she had been unconscious and had not given permission.

Defendant's Statements

Dogan stated to the court the videos were simply “sex scenes” and denied it was rape. He said what he did was “an intimate behavior”, not assault. He stated the court: “I never raped.” He said Gisèle Pelicot’s husband had invited him to the residence, and therefore it was acceptable. He said he was influenced by Dominique Pelicot. “I tried to halt,” the accused stated to the court. “I carried on because he reassured me.”

Asked if he wanted to make a final statement to the court, Dogan said: “I did not intend to hurt that woman.”

Survivor's Statement

The victim, who was supported upon departing the trial 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 raped me? It is unlawful to rape an unconscious woman. How could I have give you permission? At no time.”

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

State's Argument

The prosecutor, turning to Gisèle Pelicot in court, said Dogan’s refusal to take responsibility showed that: “The shame remains. Society is perhaps in the process of that, perhaps motivated by the public consciousness resulting from the revelation of your case.”

Sie said the defendant's claims of blamelessness showed how rape culture was still prevalent in society as part of “outdated” forms of “gender-based power”. He said: “It is imperative to change the culture of violence to a culture of consent.”

Sie said to the defendant: “As long as you refuse to admit it, it’s not just a person, it’s an complete sordid cultural framework that you are endorsing.”

Biographical Details

Dogan was born in Turkey and at the age of five moved to the nation of France, where his parent worked as a concierge. The court heard that his father was abusive and that Dogan began consuming marijuana at the age of ten. When he was 17 he was stopped by police for dealing drugs and his father forced him to leave the residence. He served time in prison for drug dealing in his twenties and had worked as a laborer but had experienced periods of homelessness.

He was married and had a son with a genetic condition, who he was the primary guardian for, as his spouse worked in a institution's dining hall. The court heard his wife did not know he had frequent extramarital activities outside their union. His legal team said this was his way of coping with his stressful life. Dogan had stated to a mental health expert that annually he looked for transactional encounters on his special day. His legal representatives informed the court he had joint inflammation triggered by the pressure of the initial proceedings.