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An individual was convicted on retrial of raping Gisele Pelicot following she was sedated by her husband – and has had his prison sentence raised to ten years.

Higher Court Case

Husamettin Dogan, 44, an out-of-work construction worker, who had contested his first conviction last year, experienced a new trial this week at the higher court in Nîmes.

A jury of nine jurors, joined by three judges, found Dogan guilty on Thursday of raping Pelicot in her home in southern France in the morning of June 29, 2019.

The court heard that Dogan, a family man, connected with Gisèle Pelicot’s then husband, Dominique Pelicot, in an digital platform titled “unbeknownst to her”, where Pelicot was seeking men to come to his home to assault his wife once he had rendered her unconscious into a unconscious state.

We trust the court will declare that in this nation, human rights are also women’s rights – that permission is personal, not given by another,” said the victim's lawyer, Antoine Camus. “Agreement is secured personally and not via a representative from a husband.”

Context

The ex-husband, a notorious sex offenders in modern French history, was sentenced to twenty years in prison last year for drugging his wife at the time and inviting numerous individuals to sexually assault her in her home in the town of the village of Mazan over a period of many years of their union.

Numerous other individuals were found guilty in a notable trial last year, and Dogan was the sole individual to appeal against his sentence. He was first handed a term to nine years in prison, a penalty increased on Thursday to a decade.

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

Evidence Presented

Dogan had first sent Dominique Pelicot sexually explicit photos and then driven an hour from his town in the region to assault the victim, after notifying his wife he was leaving, the evidence indicated.

Pelicot, who was transported from solitary confinement in prison to briefly testify at the appeal trial, 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 abuse my wife after I’ve put her to sleep unbeknownst to her.”

The proceedings became a central issue for a broader debate on rape culture in society as Dogan continued to say he was innocent and had not engaged in violation, stating that because Gisèle Pelicot’s husband had invited him into the residence, his actions had been acceptable.

The panel in the Nîmes appeals court was shown video evidence of the victim's unresponsive form, unconscious and breathing heavily in a unconscious condition, while a smiling the perpetrator engaged in violation on several occasions over a duration of what police said was several hours. The presiding judge said she had been at risk of death by asphyxiation. The state's case said there was no question that she had been unaware and had not consented.

Dogan's Claims

The defendant stated to the court the footage were simply “sex scenes” and rejected it was violation. He said what he did was “a consensual activity”, not rape. He stated the court: “I never raped.” He said the victim's husband had brought him to the house, and therefore it was OK. He said he was manipulated by Dominique Pelicot. “I wanted to stop,” Dogan told the court. “I continued because he persuaded me.”

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

Victim's Response

The victim, who was supported upon leaving court each day by onlookers gathered to back her, told Dogan in court: “You haven’t understood. When are you going to recognise you violated me? It’s a crime to rape an unaware woman. At what point did I give you permission? Never.”

Gisèle Pelicot, seventy-two, became an symbol of resistance after she waived her right to privacy in the trial last year when she said: “Shame must change sides.”

Legal Commentary

Sie, speaking to the victim in court, said the defendant's unwillingness to take blame showed that: “Guilt has not shifted. The community is possibly in the process of that, perhaps driven by the collective awareness resulting from the publication of your situation.”

The prosecutor said Dogan’s claims of blamelessness showed how societal tolerance was still common in society as part of “old-fashioned” forms of “patriarchal control”. He said: “Now we must change rape culture to a society based on agreement.”

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

Defendant's Background

The accused was born in Turkey and at the age of 5 moved to France, where his parent worked as a caretaker. The evidence indicated that his parent was abusive and that Dogan began consuming marijuana at the age of ten. When he was 17 he was caught by authorities for drug trafficking and his parent kicked him out the family house. He spent time in prison for drug dealing in his early 20s and had worked as a construction worker but had undergone periods of living on the streets.

He was wed and had a son with Down’s syndrome, who he was the main caregiver for, as his spouse worked in a educational cafeteria. The testimony revealed his wife did not know he had regular intimate relations beyond their marriage. His defence said this was his method of dealing with his stressful life. The defendant had informed a evaluator that each year he engaged in paid sex on his special day. His lawyers told the court he had joint inflammation resulting from the pressure of the original case.