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A defendant has been found guilty on higher court review of raping Gisèle Pelicot following she was drugged unconscious by her spouse – and was given his prison sentence extended to 10 years.

Higher Court Case

Husamettin Dogan, 44, an out-of-work construction worker, who had appealed his initial guilty verdict last year, underwent a retrial this week at the Nîmes court of appeal.

A panel of nine jurors, accompanied by three judges, convicted Dogan on Thursday of sexually assaulting Pelicot in her residence in the south of France in the early hours of June 29, 2019.

The testimony revealed that the accused, a married father, made contact with Gisèle Pelicot’s then husband, the husband, in an internet forum named “without her knowledge”, where Pelicot was recruiting men to enter his residence to rape his wife once he had sedated her into a comatose state.

“We hope the jury will affirm that in this society, human rights are also women’s rights – that permission is personal, not transferred,” stated Gisèle Pelicot’s lawyer, her legal representative. “Permission is secured personally and not via a representative from a husband.”

Background

Dominique Pelicot, among the most severe sex offenders in modern French history, was handed a sentence to 20 years in prison last year for sedating his then wife and inviting multiple perpetrators to rape her in her home in the Provence village of Mazan over a period of nearly ten years of their marriage.

Dozens of additional defendants were found convicted in a widely publicized trial last year, and Dogan was the sole individual to challenge his sentence. He was initially sentenced to nine years in prison, a sentence raised on Thursday to ten years.

The lead state prosecutor, Dominique Sie, had contended he should serve twelve years, because he “stubbornly rejects to take any accountability”.

Evidence Presented

Dogan had first sent the husband sexually explicit photos and then driven an hour from his village in the region to assault the victim, after informing his wife he was going out, the testimony revealed.

The ex-husband, who was brought from isolation in prison to briefly give evidence at the retrial, stated to the court that the accused had been aware his wife had been “incapacitated” and he told to men by phone: “I want someone to violate my wife after I’ve sedated her unbeknownst to her.”

The trial became a central issue for a wider discussion on rape culture in society as the defendant continued to say he was blameless and had not perpetrated assault, contending that because the victim's husband had invited him into the residence, his conduct had been justifiable.

The panel in the higher court was displayed video evidence of the victim's unconscious figure, comatose and snoring in a unconscious condition, while a smiling the perpetrator performed assault multiple times over a timeframe of what authorities reported was 3.5 hours. The presiding judge said she had been at risk of death by choking. The prosecution said there was no doubt that she had been unconscious and had not consented.

Accused's Testimony

Dogan stated to the court the recordings were simply “sexual encounters” and rejected it was rape. He said what he did was “a sexual act”, not rape. He declared the court: “I did not commit rape.” He said the victim's husband had invited him to the house, and therefore it was permissible. He said he was influenced by Dominique Pelicot. “I tried to halt,” Dogan informed the court. “I proceeded because he convinced me.”

Asked if he wanted to make a last words to the court, Dogan said: “I never wanted to hurt that lady.”

Survivor's Statement

The victim, who was applauded upon exiting the courtroom each day by onlookers gathered to back her, addressed the defendant in court: “You fail to comprehend. When will you admit you assaulted me? It’s a crime to rape an unaware woman. When did I ever give you permission? Never.”

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

Legal Commentary

Sie, turning to the victim in court, said the defendant's failure to take blame showed that: “The shame remains. Society is perhaps in the midst of that, perhaps driven by the collective awareness brought by the revelation of your situation.”

Sie said Dogan’s claims of innocence showed how normalized violence was still widespread in society as part of “old-fashioned” forms of “gender-based power”. He said: “Now we must change rape culture to a ethos of permission.”

The prosecutor said to the defendant: “As long as you refuse to admit it, it’s not just a woman, it’s an entire sordid cultural framework that you are supporting.”

Personal History

The accused was originated from Turkey and at the age of five relocated to France, where his parent worked as a caretaker. The evidence indicated that his father was abusive and that Dogan began using drugs at the age of 10. When Dogan was 17 he was stopped by authorities for drug trafficking and his parent forced him to leave of home. He was incarcerated in prison for narcotics offenses in his young adulthood and had worked as a construction worker but had experienced periods of living on the streets.

He was wed and had a child with a genetic condition, who he was the primary guardian for, as his wife worked in a educational cafeteria. The evidence showed his wife did not know he had regular intimate relations beyond their marriage. His legal team said this was his method of dealing with his stressful life. Dogan had informed a court psychologist that once a year he looked for paid sex on his birthday. His lawyers stated to the court he had arthritis resulting from the pressure of the original case.