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A defendant has been found guilty on retrial of sexually assaulting Gisèle Pelicot following she was sedated by her then-husband – and was given his prison sentence increased to ten years.

Higher Court Case

Husamettin Dogan, 44, an unemployed builder, who had appealed his first conviction last year, underwent a retrial this week at the Nîmes court of appeal.

A panel of nine jurors, sitting with three judges, convicted Dogan on Thursday of sexually assaulting Pelicot in her residence in the south of France in the morning of 29 June 2019.

The testimony revealed that Dogan, a married father, connected with Gisèle Pelicot’s spouse, the husband, in an internet forum titled “without her knowledge”, where Pelicot was seeking men to enter his residence to assault his wife once he had drugged her into a unconscious state.

“We hope the jury will affirm that in this nation, fundamental rights are also rights of women – that agreement is individual, not transferred,” declared Gisèle Pelicot’s attorney, Antoine Camus. “Consent is obtained personally and not by proxy from a spouse.”

Context

The ex-husband, a notorious sexual predators in France's contemporary records, was handed a sentence to 20 years in prison last year for incapacitating his wife at the time and soliciting multiple perpetrators to rape her in her home in the community of the village of Mazan over a span of almost a decade of their union.

Dozens of additional defendants were found convicted in a high-profile trial last year, and Dogan was the sole individual to appeal against his verdict. He was initially handed a term to 9 years in prison, a penalty increased on Thursday to 10 years.

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

Evidence Presented

Dogan had initially sent Dominique Pelicot sexually explicit photos and then driven an hour from his town in Provence to rape Gisèle Pelicot, after informing his wife he was stepping out, the court heard.

The ex-husband, who was transported from solitary confinement in prison to temporarily give evidence at the retrial, told the court that the accused had understood his wife had been “drugged” and he communicated to men by phone: “I seek someone to assault my wife after I’ve rendered her unconscious unbeknownst to her.”

The courtroom became a focus point for a wider discussion on rape culture in society as Dogan continued to say he was innocent and had not engaged in violation, arguing that because Gisèle Pelicot’s husband had allowed him into the residence, his actions had been acceptable.

The panel in the higher court was presented with recorded footage of Gisèle Pelicot’s limp body, comatose and breathing heavily in a unconscious condition, while a grinning Dogan performed assault on several occasions over a timeframe of what police said was 3.5 hours. The judge said she had been at peril of death by suffocation. The prosecution said there was no question that she had been incapacitated and had not agreed.

Dogan's Claims

Dogan informed the court the videos were simply “intimate moments” and disputed it was rape. He said what he did was “a consensual activity”, not rape. He stated the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had brought him to the residence, and therefore it was OK. He said he was manipulated by Dominique Pelicot. “I attempted to cease,” the accused informed the court. “I proceeded because he persuaded me.”

Questioned if he wanted to make a closing remarks to the court, the defendant said: “I did not intend to harm that woman.”

Survivor's Statement

The survivor, who was applauded upon leaving court each day by crowds present to back her, addressed the defendant in court: “You fail to comprehend. When are you going to recognise you raped me? It is unlawful to assault an unconscious woman. When did I ever give you permission? At no time.”

Gisèle Pelicot, 72, became an international feminist hero after she gave up her right to anonymity in the trial last year when she said: “The shame should shift.”

State's Argument

The prosecutor, speaking to Gisèle Pelicot in court, said the defendant's failure to take accountability showed that: “Shame has not yet changed sides. The public is possibly in the midst of that, possibly propelled by the public consciousness brought by the publication of your case.”

The prosecutor said the defendant's claims of blamelessness showed how societal tolerance 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 culture of consent.”

The prosecutor said to Dogan: “While you reject it, it’s not just a woman, it’s an whole unpleasant societal structure that you are upholding.”

Defendant's Background

Dogan was originated from Turkey and at the age of five moved to the nation of France, where his parent worked as a building manager. The evidence indicated that his father was violent and that the defendant began consuming marijuana at the age of 10. When he was seventeen he was caught by authorities for drug trafficking and his father forced him to leave of home. He spent time in prison for trafficking in his young adulthood and had worked as a laborer but had experienced periods of being unhoused.

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 evidence showed his spouse did not know he had regular sexual encounters beyond their union. His defence said this was his way of coping with his challenging existence. The defendant had informed a evaluator that each year he engaged in paid sex on his special day. His legal representatives told the court he had a medical condition resulting from the anxiety of the original case.