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A man was declared guilty on retrial of sexually assaulting Gisele Pelicot following she was drugged unconscious by her then-husband – and received his jail term increased to a decade.

Higher Court Case

Husamettin Dogan, 44, an out-of-work construction worker, who had contested his first conviction last year, experienced a retrial this week at the Nîmes court of appeal.

A panel of four women and five men, accompanied by three judges, found Dogan guilty on Thursday of raping the victim in her home in the south of France in the morning of 29 June 2019.

The court heard that Dogan, a married father, made contact with the victim's spouse, the husband, in an internet forum called “without her knowledge”, where the husband was recruiting men to visit his house to assault his wife after he had drugged her into a deep sleep.

“We hope the jury will say loud and clear that in this nation, fundamental rights are also women’s rights – that consent is personal, not transferred,” said Gisèle Pelicot’s attorney, Antoine Camus. “Agreement is received personally and not by proxy from a husband.”

Context

The husband, one of the worst sexual predators in recent French history, was sentenced to two decades in prison last year for sedating his spouse and soliciting numerous individuals to rape her in her home in the town of the village of Mazan over a period of nearly ten years of their marriage.

Fifty other men were found convicted in a widely publicized trial last year, and the appellant was the single defendant to challenge his verdict. He was originally sentenced to 9 years in prison, a penalty increased on Thursday to ten years.

The chief prosecutor, the prosecutor, had stated he should serve 12 years, because he “completely denies to take any responsibility”.

Courtroom Details

The defendant had first sent the husband sexually explicit photos and then driven an hour from his village in Provence to rape Gisèle Pelicot, after notifying his wife he was stepping out, the court heard.

Pelicot, who was brought from solitary confinement in prison to temporarily testify at the appeal trial, stated to the court that Dogan had known his wife had been “drugged” and he communicated to men by phone: “I want someone to abuse my wife after I’ve put her to sleep unbeknownst to her.”

The trial became a central issue for a broader debate on rape culture in society as the defendant continued to assert he was blameless and had not perpetrated assault, contending that because Gisèle Pelicot’s husband had allowed him into the bedroom, his conduct had been justifiable.

The jury in the Nîmes appeals court was displayed visual proof of the victim's unconscious figure, unconscious and breathing heavily in a deep sleep, while a grinning the perpetrator performed assault repeatedly over a period of what investigators stated was several hours. The judge said she had been at peril of fatal outcome by asphyxiation. The state prosecution said there was absolute certainty that she had been unconscious and had not given permission.

Accused's Testimony

Dogan stated to the court the recordings were simply “sexual encounters” and disputed it was rape. He said what he did was “a sexual act”, not rape. He stated the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had allowed him to the house, and therefore it was acceptable. He said he was manipulated by the husband. “I wanted to stop,” the accused informed the court. “I proceeded because he persuaded me.”

Questioned if he wanted to make a final statement to the court, Dogan said: “I did not intend to harm that individual.”

Victim's Response

The victim, who was cheered upon exiting the courtroom each day by onlookers assembled to support her, told the defendant in court: “You haven’t understood. When are you going to recognise you raped me? It is illegal to assault an incapacitated woman. When did I ever give you agreement? At no time.”

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

Legal Commentary

The prosecutor, addressing Gisèle Pelicot in court, said Dogan’s failure to take blame showed that: “The shame remains. The public is maybe in the midst of that, maybe driven by the collective awareness resulting from the exposure of your ordeal.”

Sie said the defendant's claims of non-guilt showed how societal tolerance was still prevalent in society as part of “old-fashioned” forms of “gender-based power”. He said: “We need to change rape culture to a ethos of permission.”

The prosecutor addressed the defendant: “As long as you deny it, it’s not just a person, it’s an complete sordid cultural framework that you are supporting.”

Defendant's Background

Dogan was born in Turkey and at the age of five came to France, where his parent worked as a building manager. The court heard that his father was abusive and that Dogan began using drugs aged ten. When he was seventeen he was apprehended by authorities for selling narcotics and his parent evicted him the residence. He served time in prison for narcotics offenses in his early 20s and had worked as a laborer but had faced periods of being unhoused.

He was married and had a son with special needs, who he was the main caregiver for, as his spouse worked in a school canteen. The court heard his spouse did not know he had regular intimate relations outside their marriage. His legal team said this was his strategy for managing with his stressful life. The defendant had told a mental health expert that annually he sought commercial sex on his birthday. His lawyers told the court he had joint inflammation caused by the anxiety of the first trial.