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A defendant was convicted on appeal of raping Gisele Pelicot after she was drugged unconscious by her then-husband – and was given his jail term extended to a decade.

Appeal Trial

Husamettin Dogan, 44, an out-of-work construction worker, who had challenged his first conviction last year, experienced a retrial this week at the Nîmes court of appeal.

A panel of nine jurors, accompanied by three judges, convicted Dogan on Thursday of raping Pelicot in her bedroom in the south of France in the morning of June 29, 2019.

The testimony revealed that the accused, a married father, reached out to Gisèle Pelicot’s then husband, the husband, in an online chatroom titled “without her knowledge”, where the husband was recruiting men to come to his home to assault his wife after he had rendered her unconscious into a deep sleep.

“We hope the panel will affirm that in this country, fundamental rights are also rights of women – that consent is personal, not transferred,” said Gisèle Pelicot’s lawyer, her legal representative. “Consent is received personally and not through someone else from a husband.”

Background

The ex-husband, one of the worst sex offenders in modern French history, was given a prison term to two decades in prison last year for incapacitating 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 marriage.

Dozens of additional defendants were found convicted in a notable trial last year, and Dogan was the sole individual to appeal against his verdict. He was first sentenced to 9 years in prison, a penalty enhanced on Thursday to ten years.

The state's attorney, Dominique Sie, had contended he should serve 12 years, because he “stubbornly rejects to take any blame”.

Courtroom Details

Dogan had initially sent Dominique Pelicot sexually explicit photos and then traveled an hour from his town in the region to assault the victim, after informing his wife he was leaving, the court heard.

The ex-husband, who was transported from segregation in prison to briefly provide testimony at the hearing, informed the court that the accused had been aware his wife had been “sedated” and he told to men by phone: “I want someone to assault my wife after I’ve put her to sleep unbeknownst to her.”

The proceedings became a focus point for a broader debate on sexual violence norms in society as the defendant continued to claim he was blameless and had not perpetrated assault, stating that because Gisèle Pelicot’s husband had welcomed him into the room, his behavior had been acceptable.

The panel in the Nîmes appeals court was displayed recorded footage of Gisèle Pelicot’s unconscious figure, sedated and snoring in a comatose state, while a grinning Dogan committed rape repeatedly over a period of what authorities reported was three and a half hours. The presiding judge said she had been at danger of fatal outcome by choking. The prosecution said there was absolute certainty that she had been unconscious and had not given permission.

Defendant's Statements

The defendant stated to the court the videos were simply “intimate moments” and rejected it was violation. He said what he did was “an intimate behavior”, not rape. He told the court: “I am innocent of assault.” He said the victim's husband had brought him to the house, and therefore it was permissible. He said he was deceived by Dominique Pelicot. “I tried to halt,” Dogan told the court. “I proceeded because he reassured me.”

Asked if he wanted to make a closing remarks to the court, Dogan said: “I did not intend to hurt that individual.”

Survivor's Statement

The survivor, who was cheered upon leaving court each day by crowds gathered to back her, said to the defendant in court: “You haven’t understood. When are you going to recognise you violated me? It is illegal to assault an incapacitated woman. At what point did I give you consent? Never.”

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

State's Argument

Sie, speaking to the victim in court, said the defendant's unwillingness to take accountability showed that: “Guilt has not shifted. The public is maybe in the course of that, possibly motivated by the collective awareness spurred by the revelation of your situation.”

Sie said the defendant's claims of innocence showed how societal tolerance was still common in society as part of “outdated” forms of “gender-based power”. He said: “It is imperative to change the culture of violence to a society based on agreement.”

The prosecutor told Dogan: “For as much as you deny it, it’s not just a individual, it’s an whole sordid cultural framework that you are upholding.”

Defendant's Background

The accused was born in the country of Turkey and at the age of 5 came to France, where his parent worked as a building manager. The evidence indicated that his father was abusive and that Dogan began using drugs at the age of 10. When he was seventeen he was apprehended by authorities for drug trafficking and his father forced him to leave the family house. He served time in prison for drug dealing in his young adulthood and had worked as a construction worker but had undergone periods of being unhoused.

He was wed and had a child with special needs, who he was the primary guardian for, as his spouse worked in a educational cafeteria. The evidence showed his spouse did not know he had regular intimate relations outside their union. His defence said this was his method of dealing with his stressful life. The defendant had stated to a mental health expert that once a year he sought commercial sex on his birthday. His legal representatives told the court he had arthritis resulting from the stress of the initial proceedings.