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An individual was declared guilty on higher court review of raping Gisèle Pelicot following she was drugged unconscious by her husband – and was given his jail term increased to 10 years.

Retrial Proceedings

Husamettin Dogan, forty-four, an unemployed builder, who had challenged his first conviction last year, underwent a appeal hearing this week at the Nîmes court of appeal.

A jury of nine jurors, joined by 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 testimony revealed that Dogan, a married father, connected with the victim's then husband, the husband, in an online chatroom named “without her consent”, where the husband was recruiting men to enter his residence to assault his wife once he had sedated her into a deep sleep.

We trust the court will say loud and clear that in this society, fundamental rights are also women’s rights – that agreement is personal, not transferred,” said the victim's attorney, her legal representative. “Agreement is secured personally and not by proxy from a spouse.”

Background

Dominique Pelicot, a notorious sex offenders in modern French history, was given a prison term to 20 years in prison last year for drugging his then wife and inviting dozens of men to sexually assault her in her home in the community of the village of Mazan over a duration of almost a decade of their union.

Fifty other men were found guilty in a high-profile trial last year, and the appellant was the single defendant to appeal against his sentence. He was originally given a sentence to nine years in prison, a penalty increased on Thursday to ten years.

The state's attorney, Dominique Sie, had argued he should serve twelve years, because he “completely denies to take any blame”.

Testimony and Proof

Dogan had first sent Dominique Pelicot inappropriate pictures and then traveled an hour from his village in the region to rape the victim, after telling his wife he was stepping out, the testimony revealed.

Pelicot, who was transported from isolation in prison to temporarily testify at the retrial, stated to the court that the accused had known his wife had been “sedated” and he said to men by phone: “I seek someone to violate my wife after I’ve rendered her unconscious without her knowledge.”

The courtroom became a key topic for a larger conversation on sexual violence norms in society as the defendant continued to assert he was innocent and had not engaged in violation, arguing that because the victim's husband had allowed him into the room, his conduct had been justifiable.

The panel in the higher court was displayed recorded footage of the victim's unresponsive form, comatose and breathing heavily in a comatose state, while a smiling Dogan engaged in violation repeatedly over a duration of what authorities reported was several hours. The court official said she had been at risk of fatal outcome by suffocation. The state's case said there was absolute certainty that she had been unconscious and had not given permission.

Dogan's Claims

The defendant informed the court the footage were simply “sexual encounters” and rejected it was violation. He said what he did was “a consensual activity”, not assault. He stated the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had brought him to the residence, and therefore it was acceptable. He said he was deceived by the husband. “I wanted to stop,” Dogan stated to the court. “I carried on because he reassured me.”

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

Victim's Response

The victim, who was applauded upon leaving court each day by onlookers present to back her, addressed the defendant in court: “You haven’t understood. When will you admit you violated me? It’s a crime to assault an unaware woman. When did I ever give you permission? Not once.”

The victim, 72, became an international feminist hero after she waived her right to confidentiality in the trial last year when she said: “Shame must change sides.”

Legal Commentary

The prosecutor, speaking to the victim in court, said Dogan’s refusal to take accountability showed that: “Guilt has not shifted. The community is possibly in the midst of that, maybe propelled by the societal understanding brought by the revelation of your case.”

The prosecutor said Dogan’s claims of blamelessness showed how normalized violence was still prevalent in society as part of “archaic” forms of “male domination”. He said: “We need to change the culture of violence to a culture of consent.”

The prosecutor told Dogan: “While you reject it, it’s not just a person, it’s an complete sordid cultural framework that you are endorsing.”

Biographical Details

The accused was born in Turkey and at the age of five moved to France, where his father worked as a caretaker. The evidence indicated that his father was abusive and that the defendant began consuming marijuana at the age of ten. When Dogan was seventeen he was caught by police for selling narcotics and his parent evicted him the residence. He spent time in prison for narcotics offenses in his early 20s and had worked as a builder but had undergone periods of living on the streets.

He was wed and had a child with special needs, who he was the primary guardian for, as his wife worked in a institution's dining hall. The evidence showed his wife did not know he had repeated sexual encounters outside their union. His defence said this was his way of coping with his stressful life. Dogan had told a court psychologist that each year he looked for commercial sex on his special day. His lawyers stated to the court he had a medical condition caused by the stress of the original case.