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A defendant has been found guilty on retrial of sexually assaulting Gisele Pelicot after she was drugged unconscious by her then-husband – and was given his incarceration period extended to 10 years.

Retrial Proceedings

Husamettin Dogan, forty-four, an out-of-work construction worker, who had challenged his first conviction last year, faced a appeal hearing this week at the Nîmes court of appeal.

A panel of nine jurors, sitting with three judges, found Dogan guilty on Thursday of sexually assaulting the victim in her residence in Provence in the early hours of June 29, 2019.

The court heard that Dogan, a married father, reached out to the victim's husband at the time, the husband, in an internet forum named “unbeknownst to her”, where the husband was seeking men to visit his house to assault his wife after he had drugged her into a comatose state.

We expect the jury will affirm that in this nation, human rights are also rights of women – that consent is individual, not transferred,” stated the victim's lawyer, her legal representative. “Agreement is obtained personally and not via a representative from a husband.”

Background

The ex-husband, among the most severe sex offenders in recent French history, was given a prison term to 20 years in prison last year for incapacitating his spouse and bringing in dozens of men to sexually assault her in her home in the Provence village of Mazan over a duration of nearly ten years of their marriage.

Numerous other individuals were found culpable in a widely publicized trial last year, and Dogan was the sole individual to appeal against his conviction. He was first given a sentence to 9 years in prison, a penalty enhanced on Thursday to ten years.

The chief prosecutor, the prosecutor, had argued he should serve twelve years, because he “stubbornly rejects to take any blame”.

Courtroom Details

The defendant had first sent the husband graphic images and then traveled an hour from his residence in the region to assault the victim, after notifying his wife he was going out, the court heard.

The ex-husband, who was brought from solitary confinement in prison to temporarily provide testimony at the appeal trial, stated to the court that Dogan had been aware his wife had been “incapacitated” and he said to men by phone: “I want someone to assault my wife after I’ve sedated her without her consent.”

The proceedings became a central issue for a broader debate on rape culture in society as the defendant continued to claim he was blameless and had not committed rape, stating that because the victim's husband had welcomed him into the room, his behavior had been justifiable.

The panel in the higher court was presented with visual proof of Gisèle Pelicot’s unresponsive form, unconscious and snoring in a deep sleep, while a grinning Dogan performed assault multiple times over a duration of what police said was several hours. The presiding judge said she had been at peril of death by choking. The prosecution said there was absolute certainty that she had been unconscious and had not agreed.

Accused's Testimony

The defendant informed the court the footage were simply “sexual encounters” and denied it was rape. He said what he did was “a consensual activity”, not rape. He told the court: “I never raped.” He said Gisèle Pelicot’s husband had invited him to the residence, and therefore it was permissible. He said he was manipulated by Dominique Pelicot. “I wanted to stop,” the accused stated to the court. “I continued because he convinced me.”

Inquired if he wanted to make a closing remarks to the court, Dogan said: “I never wanted to injure that individual.”

Victim's Response

The survivor, who was cheered upon leaving court each day by crowds gathered to stand with her, told Dogan in court: “You fail to comprehend. When are you going to recognise you raped me? It’s a crime to rape an incapacitated woman. When did I ever give you agreement? Not once.”

The victim, seventy-two, became an global icon after she waived her right to anonymity in the trial last year when she said: “The shame should shift.”

State's Argument

Sie, speaking to Gisèle Pelicot in court, said Dogan’s unwillingness to take blame showed that: “Shame has not yet changed sides. Society is perhaps in the process of that, possibly motivated by the public consciousness brought by the publication of your situation.”

Sie said Dogan’s claims of blamelessness showed how rape culture was still widespread in society as part of “outdated” forms of “male domination”. He said: “It is imperative to change the culture of violence to a society based on agreement.”

Sie told the defendant: “As long as you refuse to admit it, it’s not just a individual, it’s an entire unpleasant societal structure that you are upholding.”

Personal History

The accused was originated from Turkey and at the age of 5 moved to the nation of France, where his father worked as a concierge. The court heard that his parent was violent and that Dogan began using drugs aged 10. When Dogan was seventeen he was caught by authorities for selling narcotics and his father forced him to leave of home. He was incarcerated in prison for drug dealing in his twenties and had worked as a construction worker but had experienced periods of living on the streets.

He was wed and had a son with special needs, who he was the main caregiver for, as his wife worked in a institution's dining hall. The court heard his wife did not know he had regular extramarital activities outside their union. His legal team said this was his way of coping with his challenging existence. Dogan had stated to a mental health expert that each year he engaged in paid sex on his birthday. His legal representatives informed the court he had a medical condition caused by the pressure of the original case.