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A defendant was convicted on appeal of raping Gisele Pelicot following she was drugged unconscious by her then-husband – and was given his jail term raised to ten years.

Appeal Trial

Husamettin Dogan, 44, an unemployed builder, who had challenged his first conviction last year, experienced a retrial this week at the appeals court in Nîmes.

A panel of five men and four women, sitting with three judges, convicted Dogan on Thursday of sexually assaulting the victim in her home in Provence in the early hours of 29 June 2019.

The testimony revealed that the accused, a married father, reached out to Gisèle Pelicot’s spouse, the husband, in an internet forum called “unbeknownst to her”, where the husband was seeking men to enter his residence to assault his wife after he had drugged her into a comatose state.

“We hope the panel will affirm that in this country, human rights are also rights of women – that agreement is personal, not given by another,” said Gisèle Pelicot’s attorney, Antoine Camus. “Agreement is obtained directly and not via a representative from a husband.”

Background

The ex-husband, a notorious sex offenders in modern French history, was handed a sentence to 20 years in prison last year for drugging his then wife and bringing in dozens of men to rape her in her home in the Provence village of the village of Mazan over a duration of nearly ten years of their union.

Fifty other men were found guilty in a notable trial last year, and Dogan was the only man to challenge his sentence. He was originally handed a term to nine years in prison, a punishment increased on Thursday to ten years.

The state's attorney, the prosecutor, had argued he should serve 12 years, because he “absolutely refuses to take any blame”.

Evidence Presented

Dogan had initially sent the husband graphic images and then driven an hour from his village in Provence to assault Gisèle Pelicot, after informing his wife he was going out, the court heard.

The ex-husband, who was transported from solitary confinement in prison to temporarily give evidence at the appeal trial, informed the court that the accused had known his wife had been “drugged” and he said to men by phone: “I’m looking for someone to assault my wife after I’ve put her to sleep without her consent.”

The proceedings became a central issue for a wider discussion on societal attitudes in society as the defendant continued to assert he was innocent and had not perpetrated assault, contending that because the victim's husband had allowed him into the residence, his conduct had been justifiable.

The panel in the Nîmes appeals court was shown video evidence of Gisèle Pelicot’s unresponsive form, sedated and breathing heavily in a unconscious condition, while a smiling the perpetrator performed assault repeatedly over a timeframe of what investigators stated was three and a half hours. The judge said she had been at peril of fatal outcome by suffocation. The state's case said there was absolute certainty that she had been incapacitated and had not given permission.

Defendant's Statements

The defendant stated to 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 never raped.” He said Gisèle Pelicot’s husband had allowed him to the house, and therefore it was OK. He said he was deceived by the husband. “I wanted to stop,” the accused told the court. “I continued because he reassured me.”

Inquired if he wanted to make a last words to the court, the defendant said: “I never wanted to harm that lady.”

Survivor's Statement

The survivor, who was supported upon departing the trial each day by supporters present to back her, said to the defendant in court: “You do not grasp. When will you admit you assaulted me? It is illegal to rape an unaware woman. How could I have give you permission? At no time.”

The victim, seventy-two, became an international feminist hero after she gave up her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”

Legal Commentary

Sie, turning to Gisèle Pelicot in court, said Dogan’s refusal to take accountability showed that: “Shame has not yet changed sides. The public is maybe in the process of that, maybe motivated by the societal understanding spurred by the revelation of your ordeal.”

The prosecutor said Dogan’s claims of blamelessness showed how rape culture was still common in society as part of “outdated” forms of “gender-based power”. He said: “Now we must change rape culture to a ethos of permission.”

The prosecutor addressed Dogan: “While you deny it, it’s not just a individual, it’s an entire sordid cultural framework that you are supporting.”

Biographical Details

The accused was originated from the country of Turkey and at the age of 5 moved to France, where his parent worked as a caretaker. The testimony revealed that his parent was abusive and that Dogan began smoking cannabis at the age of ten. When he was 17 he was apprehended by police for dealing drugs and his father evicted him of home. He spent time in prison for narcotics offenses in his young adulthood and had worked as a laborer but had experienced periods of living on the streets.

He was wed and had a son with Down’s syndrome, who he was the primary guardian for, as his wife worked in a school canteen. The evidence showed his wife did not know he had frequent sexual encounters beyond their marriage. His defence said this was his method of dealing with his challenging existence. The defendant had stated to a mental health expert that once a year he engaged in paid sex on his special day. His lawyers informed the court he had joint inflammation caused by the pressure of the first trial.