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An individual was convicted on retrial of raping Gisèle Pelicot following she was drugged unconscious by her then-husband – and received his jail term extended to 10 years.

Appeal Trial

Husamettin Dogan, forty-four, an unemployed builder, who had appealed his first conviction last year, faced a new trial this week at the higher court in Nîmes.

A jury of five men and four women, joined by three judges, ruled against Dogan on Thursday of raping Pelicot in her residence in the south of France in the morning of 29 June 2019.

The evidence showed that the accused, a married father, reached out to Gisèle Pelicot’s spouse, the husband, in an digital platform named “unbeknownst to her”, where the husband was recruiting men to visit his house to assault his wife after he had sedated her into a deep sleep.

We trust the panel will declare that in this society, fundamental rights are also women’s rights – that consent is individual, not delegated,” said the victim's lawyer, Antoine Camus. “Agreement is received personally and not by proxy from a spouse.”

Case History

Dominique Pelicot, a notorious sex offenders in France's contemporary records, was sentenced to twenty years in prison last year for sedating his wife at the time and inviting numerous individuals to sexually assault her in her home in the community of the village of Mazan over a duration of many years of their marriage.

Fifty other men were found convicted in a notable trial last year, and the appellant was the sole individual to contest his verdict. He was first given a sentence to nine years in prison, a sentence raised on Thursday to ten years.

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

Evidence Presented

Dogan had initially sent the husband graphic images and then driven an hour from his residence in the region to rape the victim, after notifying his wife he was stepping out, the evidence indicated.

The ex-husband, who was brought from isolation in prison to temporarily testify at the hearing, told the court that the accused had been aware his wife had been “incapacitated” and he communicated to men by phone: “I seek someone to violate my wife after I’ve rendered her unconscious without her consent.”

The courtroom became a focus point for a larger conversation on sexual violence norms in society as Dogan continued to say he was not guilty and had not engaged in violation, contending that because Gisèle Pelicot’s husband had invited him into the bedroom, his actions had been permissible.

The jury in the higher court was shown recorded footage of Gisèle Pelicot’s unconscious figure, comatose and snoring in a unconscious condition, while a smiling the perpetrator performed assault multiple times over a period of what police said was several hours. The presiding judge said she had been at risk of fatal outcome by choking. The prosecution said there was no doubt that she had been incapacitated and had not consented.

Defendant's Statements

Dogan informed the court the recordings were simply “sex scenes” and rejected it was assault. He said what he did was “a sexual act”, not assault. He told the court: “I did not commit rape.” He said the victim's husband had invited him to the residence, and therefore it was OK. He said he was deceived by Dominique Pelicot. “I tried to halt,” Dogan told the court. “I continued because he persuaded me.”

Asked if he wanted to make a final statement to the court, the defendant said: “I did not intend to injure that individual.”

Victim's Response

The survivor, who was applauded upon departing the trial each day by onlookers assembled to back her, addressed Dogan in court: “You fail to comprehend. When are you going to recognise you assaulted me? It is illegal to assault an unconscious woman. When did I ever give you consent? Never.”

The victim, seventy-two, became an international feminist hero after she relinquished her right to privacy in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

Sie, addressing the victim in court, said the defendant's failure to take blame showed that: “The shame remains. The community is maybe in the course of that, perhaps propelled by the public consciousness spurred by the exposure of your case.”

The prosecutor said Dogan’s claims of innocence showed how rape culture was still prevalent in society as part of “archaic” forms of “patriarchal control”. He said: “We need to change rape culture to a culture of consent.”

The prosecutor said to the defendant: “While you reject it, it’s not just a person, it’s an entire disturbing societal structure that you are supporting.”

Defendant's Background

Dogan was originated from the country of Turkey and at the age of 5 relocated to the nation of France, where his parent worked as a concierge. The court heard that his father was abusive and that the defendant began consuming marijuana at the age of 10. When he was seventeen he was apprehended by authorities for selling narcotics and his father evicted him the family house. He spent time in prison for drug dealing in his young adulthood and had worked as a laborer but had undergone periods of living on the streets.

He was married and had a child with special needs, who he was the principal carer for, as his wife worked in a educational cafeteria. The testimony revealed his spouse did not know he had repeated intimate relations beyond their union. His legal team said this was his strategy for managing with his difficult circumstances. Dogan had informed a court psychologist that once a year he engaged in transactional encounters on his birthday. His attorneys told the court he had joint inflammation triggered by the stress of the initial proceedings.