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A man was convicted on retrial of raping Gisele Pelicot following she was drugged unconscious by her husband – and has had his incarceration period increased to ten years.

Retrial Proceedings

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

A panel of four women and five men, joined by three judges, found Dogan guilty on Thursday of sexually assaulting Pelicot in her home 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 named “unbeknownst to her”, where Pelicot was seeking men to enter his residence to assault his wife once he had drugged her into a comatose state.

We trust the court will say loud and clear that in this society, fundamental rights are also rights of women – that agreement is personal, not delegated,” declared Gisèle Pelicot’s attorney, Antoine Camus. “Consent is obtained directly and not via a representative from a spouse.”

Context

The ex-husband, a notorious sexual predators in recent French history, was given a prison term to 20 years in prison last year for drugging his wife at the time and soliciting numerous individuals to rape her in her home in the Provence village of the village of Mazan over a span of almost a decade of their marriage.

Fifty other men were found convicted in a high-profile trial last year, and the appellant was the sole individual to contest his sentence. He was initially given a sentence to 9 years in prison, a sentence raised on Thursday to 10 years.

The state's attorney, the prosecutor, had argued he should serve 12 years, because he “completely denies to take any responsibility”.

Courtroom Details

The defendant had first sent the husband sexually explicit photos and then driven an hour from his town in Provence to rape the victim, after telling his wife he was stepping out, the court heard.

The ex-husband, who was transported from solitary confinement in prison to briefly provide testimony at the retrial, stated to the court that the accused had been aware his wife had been “drugged” and he told to men by phone: “I seek someone to abuse my wife after I’ve sedated her without her consent.”

The trial became a central issue for a broader debate on societal attitudes in society as the defendant continued to say he was innocent and had not perpetrated assault, arguing that because Gisèle Pelicot’s husband had welcomed him into the bedroom, his conduct had been acceptable.

The jury in the Nîmes appeals court was displayed visual proof of Gisèle Pelicot’s limp body, sedated and breathing heavily in a unconscious condition, while a grinning Dogan performed assault on several occasions over a duration of what investigators stated was several hours. The presiding judge said she had been at peril of fatal outcome by asphyxiation. The state's case said there was no doubt that she had been incapacitated and had not consented.

Accused's Testimony

Dogan told the court the recordings were simply “intimate moments” and disputed it was rape. He said what he did was “a sexual act”, not assault. He told the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had allowed him to the home, and therefore it was permissible. He said he was manipulated by the husband. “I attempted to cease,” the accused stated to the court. “I carried on because he convinced me.”

Inquired if he wanted to make a final statement to the court, Dogan said: “I did not intend to injure that woman.”

Victim's Response

The survivor, who was applauded upon leaving court each day by crowds assembled to support her, said to Dogan in court: “You fail to comprehend. When are you going to recognise you assaulted me? It’s a crime to assault an unaware woman. When did I ever give you permission? At no time.”

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

Prosecutor's Remarks

The prosecutor, addressing Gisèle Pelicot in court, said Dogan’s unwillingness to take accountability showed that: “The shame remains. Society is perhaps in the midst of that, possibly motivated by the societal understanding resulting from the publication of your situation.”

Sie said Dogan’s claims of innocence showed how societal tolerance was still common in society as part of “archaic” forms of “male domination”. He said: “Now we must change the culture of violence to a culture of consent.”

The prosecutor said to the defendant: “While you deny it, it’s not just a woman, it’s an whole sordid societal structure that you are upholding.”

Personal History

Dogan was originated from Turkey and at the age of five came to France, where his father worked as a building manager. The court heard that his father was violent and that the defendant began using drugs at the age of 10. When he was 17 he was stopped by police for dealing drugs and his father kicked him out the residence. He served time in prison for drug dealing in his early 20s and had worked as a construction worker but had undergone periods of homelessness.

He was wed and had a child with Down’s syndrome, who he was the principal carer for, as his spouse worked in a school canteen. The court heard his spouse did not know he had regular sexual encounters beyond their marriage. His legal team said this was his way of coping with his challenging existence. Dogan had informed a court psychologist that once a year he looked for commercial sex on his birthday. His legal representatives told the court he had arthritis triggered by the stress of the first trial.