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An individual was convicted on appeal of raping Gisèle Pelicot after she was sedated by her spouse – and received his jail term extended to a decade.

Higher Court Case

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

A panel of five men and four women, sitting with three judges, ruled against Dogan on Thursday of sexually assaulting the victim in her bedroom in Provence in the morning of 29 June 2019.

The evidence showed that Dogan, a married father, made contact with the victim's then husband, the husband, in an digital platform called “without her knowledge”, where Pelicot was looking for men to visit his house to assault his wife after he had sedated her into a unconscious state.

We expect the panel will declare that in this society, human rights are also women’s rights – that permission is individual, not transferred,” said the victim's lawyer, Antoine Camus. “Agreement is received directly and not by proxy from a spouse.”

Context

Dominique Pelicot, one of the worst sex offenders in recent French history, was sentenced to 20 years in prison last year for incapacitating his then wife and inviting multiple perpetrators to sexually assault her in her home in the Provence village of Mazan over a period of many years of their union.

Numerous other individuals were found convicted in a high-profile trial last year, and Dogan was the only man to contest his conviction. He was first handed a term to 9 years in prison, a punishment increased on Thursday to ten years.

The chief prosecutor, Dominique Sie, had argued he should serve twelve years, because he “absolutely refuses to take any blame”.

Courtroom Details

The defendant had first sent Dominique Pelicot sexually explicit photos and then traveled an hour from his village in Provence to assault the victim, after informing his wife he was stepping out, the court heard.

Pelicot, who was brought from isolation in prison to temporarily testify at the hearing, stated to the court that Dogan had been aware his wife had been “drugged” and he said to men by phone: “I want someone to assault my wife after I’ve put her to sleep unbeknownst to her.”

The courtroom became a central issue for a larger conversation on sexual violence norms in society as Dogan continued to claim he was not guilty and had not engaged in violation, stating that because Gisèle Pelicot’s husband had allowed him into the room, his behavior had been justifiable.

The jury in the higher court was displayed recorded footage of Gisèle Pelicot’s limp body, unconscious and breathing heavily in a unconscious condition, while a smiling Dogan committed rape on several occasions over a timeframe of what police said was three and a half hours. The presiding judge said she had been at danger of fatal outcome by suffocation. The state's case said there was no doubt that she had been incapacitated and had not given permission.

Dogan's Claims

Dogan informed the court the videos were simply “sex scenes” and denied it was violation. He said what he did was “an intimate behavior”, not assault. He declared the court: “I did not commit rape.” He said the victim's husband had invited him to the home, and therefore it was acceptable. He said he was deceived by Dominique Pelicot. “I tried to halt,” Dogan stated to the court. “I proceeded because he persuaded me.”

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

Victim's Response

The survivor, who was applauded upon exiting the courtroom each day by supporters gathered to stand with her, told Dogan in court: “You fail to comprehend. When will you admit you violated me? It is unlawful to assault an unaware woman. When did I ever give you consent? Not once.”

The victim, 72, became an global icon after she relinquished her right to privacy in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

Sie, speaking to the victim in court, said the defendant's unwillingness to take blame showed that: “Shame has not yet changed sides. Society is maybe in the midst of that, perhaps propelled by the public consciousness spurred by the publication of your situation.”

The prosecutor said the defendant's claims of innocence showed how societal tolerance was still widespread in society as part of “old-fashioned” forms of “patriarchal control”. He said: “We need to change the culture of violence to a culture of consent.”

The prosecutor said to Dogan: “For as much as you reject it, it’s not just a woman, it’s an entire sordid societal structure that you are upholding.”

Personal History

The accused was born in the country of Turkey and at the age of five relocated to the nation of France, where his father worked as a building manager. The court heard that his father was abusive and that the defendant began smoking cannabis at the age of ten. When Dogan was seventeen he was apprehended by police for dealing drugs and his parent kicked him out the residence. He spent time in prison for narcotics offenses in his young adulthood and had worked as a laborer but had experienced periods of living on the streets.

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 court heard his wife did not know he had frequent extramarital activities outside their union. His legal team said this was his way of coping with his stressful life. The defendant had told a mental health expert that each year he engaged in transactional encounters on his special day. His lawyers informed the court he had arthritis caused by the stress of the first trial.