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An individual has been found guilty on retrial of raping Gisèle Pelicot after she was sedated by her then-husband – and has had his incarceration period extended to a decade.

Higher Court Case

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

A panel of four women and five men, accompanied by three judges, found Dogan guilty on Thursday of raping Pelicot in her home in southern France in the early hours of June 29, 2019.

The testimony revealed that the accused, a married father, connected with the victim's spouse, the husband, in an online chatroom titled “unbeknownst to her”, where Pelicot was recruiting men to enter his residence to assault his wife once he had rendered her unconscious into a comatose state.

We expect the court will declare that in this nation, fundamental rights are also women’s rights – that agreement is individual, not given by another,” declared the victim's lawyer, Antoine Camus. “Permission is received directly and not via a representative from a spouse.”

Background

Dominique Pelicot, a notorious sexual predators in modern French history, was handed a sentence to two decades in prison last year for drugging his spouse and soliciting multiple perpetrators to sexually assault her in her home in the community of Mazan over a span of almost a decade of their marriage.

Dozens of additional defendants were found convicted in a high-profile trial last year, and Dogan was the only man to appeal against his sentence. He was originally given a sentence to 9 years in prison, a penalty raised on Thursday to 10 years.

The lead state prosecutor, the prosecutor, had argued he should serve 12 years, because he “stubbornly rejects to take any blame”.

Courtroom Details

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

The ex-husband, who was brought from segregation in prison to temporarily testify at the retrial, stated to the court that Dogan had known his wife had been “incapacitated” and he told to men by phone: “I want someone to assault my wife after I’ve put her to sleep without her knowledge.”

The trial became a central issue for a wider discussion on sexual violence norms in society as Dogan continued to assert he was innocent and had not perpetrated assault, contending that because Gisèle Pelicot’s husband had welcomed him into the residence, his behavior had been acceptable.

The jury in the higher court was shown visual proof of the victim's unconscious figure, comatose and snoring in a deep sleep, while a smiling the perpetrator engaged in violation multiple times over a period of what police said was several hours. The judge said she had been at danger of fatal outcome by asphyxiation. The state's case said there was no question that she had been incapacitated and had not given permission.

Dogan's Claims

Dogan told the court the footage were simply “intimate moments” and disputed it was rape. He said what he did was “a consensual activity”, not rape. He declared 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 influenced by Dominique Pelicot. “I attempted to cease,” the accused informed the court. “I proceeded because he reassured me.”

Inquired if he wanted to make a last words to the court, Dogan said: “I never wanted to injure that woman.”

Survivor's Statement

The victim, who was cheered upon departing the trial each day by supporters present to support her, addressed Dogan in court: “You haven’t understood. When will you admit you assaulted me? It’s a crime to rape an unaware woman. When did I ever give you consent? Not once.”

The victim, 72, became an global icon after she gave up her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”

State's Argument

The prosecutor, speaking to Gisèle Pelicot in court, said Dogan’s failure to take responsibility showed that: “Guilt has not shifted. Society is maybe in the midst of that, possibly motivated by the public consciousness spurred by the publication of your case.”

Sie said Dogan’s claims of blamelessness showed how rape culture was still widespread in society as part of “archaic” forms of “gender-based power”. He said: “Now we must change the culture of violence to a culture of consent.”

Sie addressed the defendant: “While you reject it, it’s not just a individual, it’s an whole disturbing societal structure that you are supporting.”

Biographical Details

The accused was born in Turkey and at the age of 5 came to the nation of France, where his parent worked as a building manager. The testimony revealed that his father was abusive and that Dogan began consuming marijuana at the age of ten. When Dogan was seventeen he was apprehended by authorities for selling narcotics and his father evicted him the residence. He was incarcerated in prison for narcotics offenses in his twenties and had worked as a builder but had experienced periods of homelessness.

He was wed and had a child with a genetic condition, who he was the main caregiver for, as his spouse worked in a school canteen. The court heard his wife did not know he had repeated extramarital activities beyond their union. His legal team said this was his way of coping with his difficult circumstances. The defendant had informed a evaluator that each year he sought commercial sex on his special day. His attorneys stated to the court he had joint inflammation resulting from the stress of the first trial.