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An individual was declared guilty on retrial of sexually assaulting Gisele Pelicot following she was drugged unconscious by her spouse – and received his incarceration period raised to a decade.

Retrial Proceedings

Husamettin Dogan, forty-four, an unemployed builder, who had contested his first conviction last year, faced a retrial this week at the higher court in Nîmes.

A jury of five men and four women, joined by three judges, convicted Dogan on Thursday of raping Pelicot in her home in southern France in the morning of June 29, 2019.

The testimony revealed that Dogan, a married father, connected with Gisèle Pelicot’s then husband, Dominique Pelicot, in an digital platform titled “without her knowledge”, where Pelicot was seeking men to visit his house to assault his wife after he had drugged her into a deep sleep.

We trust the court will say loud and clear that in this nation, human rights are also rights of women – that permission is individual, not given by another,” stated the victim's lawyer, her legal representative. “Consent is received directly and not via a representative from a spouse.”

Context

The ex-husband, among the most severe sexual predators in France's contemporary records, was sentenced to twenty years in prison last year for sedating his wife at the time and inviting numerous individuals to sexually assault her in her home in the community of the village of Mazan over a span of many years of their marriage.

Numerous other individuals were found convicted in a high-profile trial last year, and Dogan was the only man to contest his verdict. He was first given a sentence to nine years in prison, a sentence raised on Thursday to a decade.

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

Testimony and Proof

The defendant had first sent Dominique Pelicot graphic images and then traveled an hour from his town in Provence to assault Gisèle Pelicot, after informing his wife he was leaving, the court heard.

Pelicot, who was brought from segregation in prison to temporarily testify at the retrial, stated to the court that the accused had understood 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 without her knowledge.”

The courtroom became a key topic for a wider discussion on sexual violence norms in society as the defendant continued to say he was blameless and had not committed rape, stating that because the victim's husband had invited him into the residence, his behavior had been justifiable.

The jury in the Nîmes appeals court was shown recorded footage of the victim's limp body, unconscious and breathing heavily in a comatose state, while a grinning the perpetrator committed rape multiple times over a period of what investigators stated was several hours. The 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 given permission.

Accused's Testimony

Dogan told the court the footage were simply “sexual encounters” and denied it was assault. 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 allowed him to the home, and therefore it was acceptable. He said he was manipulated by Dominique Pelicot. “I wanted to stop,” the accused informed the court. “I carried on because he persuaded me.”

Questioned if he wanted to make a last words to the court, the defendant said: “I did not intend to hurt that individual.”

Survivor's Statement

Gisèle Pelicot, who was supported upon exiting the courtroom each day by crowds assembled to stand with her, addressed Dogan in court: “You fail to comprehend. When will you acknowledge you assaulted me? It is unlawful to assault an unaware woman. When did I ever give you permission? Not once.”

Gisèle Pelicot, seventy-two, became an global icon after she gave up her right to privacy in the trial last year when she said: “Guilt ought to transfer.”

Legal Commentary

Sie, speaking to Gisèle Pelicot in court, said Dogan’s refusal to take responsibility showed that: “Shame has not yet changed sides. The public is perhaps in the course of that, perhaps motivated by the societal understanding resulting from the revelation of your ordeal.”

The prosecutor said Dogan’s claims of non-guilt showed how normalized violence was still prevalent in society as part of “old-fashioned” forms of “patriarchal control”. He said: “Now we must change the culture of violence to a society based on agreement.”

Sie said to Dogan: “While you refuse to admit it, it’s not just a person, it’s an whole disturbing cultural framework that you are supporting.”

Personal History

Dogan was born in the country of Turkey and at the age of 5 relocated to France, where his parent worked as a caretaker. The court heard that his father was abusive and that Dogan began smoking cannabis aged 10. When Dogan was seventeen he was caught by police for drug trafficking and his parent kicked him out of home. He served time in prison for narcotics offenses in his early 20s and had worked as a construction worker but had experienced periods of being unhoused.

He was wed and had a son with a genetic condition, who he was the principal carer for, as his spouse worked in a educational cafeteria. The evidence showed his wife did not know he had repeated sexual encounters beyond their marriage. His legal team said this was his way of coping with his stressful life. Dogan had informed a evaluator that annually he sought commercial sex on his special day. His legal representatives told the court he had a medical condition caused by the anxiety of the initial proceedings.