🔗 Share this article

An individual has been found guilty on retrial of raping Gisele Pelicot after she was sedated by her spouse – and has had his prison sentence extended to ten years.

Retrial Proceedings

Husamettin Dogan, forty-four, an unemployed builder, who had appealed his initial guilty verdict last year, underwent a new trial this week at the appeals court in Nîmes.

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

The evidence showed that Dogan, a married father, connected with the victim's husband at the time, the husband, in an internet forum named “without her knowledge”, where Pelicot was recruiting men to visit his house to assault his wife after he had rendered her unconscious into a unconscious state.

We expect the panel will affirm that in this society, human rights are also women’s rights – that agreement is personal, not delegated,” declared Gisèle Pelicot’s lawyer, Antoine Camus. “Consent is received personally and not by proxy from a spouse.”

Background

The husband, a notorious sexual predators in recent French history, was sentenced to 20 years in prison last year for drugging his spouse and inviting numerous individuals to rape her in her home in the Provence village of Mazan over a duration of nearly ten years of their union.

Numerous other individuals were found culpable in a widely publicized trial last year, and the appellant was the only man to contest his verdict. He was originally sentenced to 9 years in prison, a punishment increased on Thursday to 10 years.

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

Testimony and Proof

The defendant had initially sent the husband graphic images and then driven an hour from his village in the region to rape Gisèle Pelicot, after telling his wife he was going out, the court heard.

Pelicot, who was brought from segregation in prison to temporarily testify at the hearing, stated to the court that the accused had known his wife had been “sedated” and he told to men by phone: “I’m looking for someone to violate my wife after I’ve put her to sleep without her consent.”

The courtroom became a central issue for a broader debate on societal attitudes in society as Dogan continued to say he was innocent and had not committed rape, stating that because Gisèle Pelicot’s husband had allowed him into the room, his behavior had been permissible.

The panel in the Nîmes appeals court was shown recorded footage of Gisèle Pelicot’s unconscious figure, unconscious and breathing heavily in a comatose state, while a grinning the perpetrator engaged in violation multiple times over a duration of what police said was several hours. The judge said she had been at risk of fatal outcome by asphyxiation. The state's case said there was no question that she had been incapacitated and had not given permission.

Dogan's Claims

Dogan stated to the court the footage were simply “sex scenes” and disputed it was rape. He said what he did was “a sexual act”, not rape. He declared the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had brought him to the house, and therefore it was acceptable. He said he was deceived by Dominique Pelicot. “I tried to halt,” the accused informed the court. “I continued because he persuaded me.”

Questioned if he wanted to make a closing remarks to the court, Dogan said: “I never wanted to hurt that lady.”

Pelicot's Words

Gisèle Pelicot, who was applauded upon leaving court each day by supporters present to stand with her, said to the defendant in court: “You haven’t understood. When will you admit you assaulted me? It is illegal to assault an unconscious woman. At what point did I give you consent? Not once.”

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

Prosecutor's Remarks

Sie, addressing Gisèle Pelicot in court, said the defendant's unwillingness to take blame showed that: “The shame remains. The public is perhaps in the process of that, possibly motivated by the collective awareness resulting from the revelation of your situation.”

Sie said the defendant's claims of blamelessness showed how normalized violence was still widespread in society as part of “archaic” forms of “male domination”. He said: “Now we must change rape culture to a society based on agreement.”

The prosecutor told Dogan: “While you reject it, it’s not just a individual, it’s an entire unpleasant societal structure that you are endorsing.”

Defendant's Background

Dogan was born in the country of Turkey and at the age of five came to France, where his parent worked as a concierge. The testimony revealed that his father was aggressive and that Dogan began consuming marijuana at the age of 10. When Dogan was seventeen he was caught by police for drug trafficking and his father evicted him of home. He served time in prison for trafficking in his young adulthood and had worked as a construction worker but had faced periods of homelessness.

He was married and had a son with Down’s syndrome, who he was the principal carer for, as his wife worked in a institution's dining hall. The testimony revealed his wife did not know he had regular extramarital activities beyond their marriage. His defence said this was his strategy for managing with his stressful life. The defendant had told a evaluator that each year he engaged in paid sex on his special day. His attorneys informed the court he had a medical condition caused by the pressure of the initial proceedings.