🔗 Share this article

An individual has been found guilty on appeal of raping Gisele Pelicot after she was sedated by her husband – and was given his prison sentence raised to a decade.

Retrial Proceedings

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

A jury of nine jurors, accompanied by three judges, found Dogan guilty on Thursday of raping the victim in her bedroom in Provence in the early hours of June 29, 2019.

The evidence showed that Dogan, a family man, reached out to Gisèle Pelicot’s husband at the time, Dominique Pelicot, in an internet forum named “without her knowledge”, where Pelicot was seeking men to come to his home to assault his wife once he had sedated her into a deep sleep.

We trust the court will declare that in this country, fundamental rights are also women’s rights – that permission is individual, not given by another,” declared Gisèle Pelicot’s attorney, her legal representative. “Permission is secured personally and not by proxy from a spouse.”

Context

The husband, among the most severe sex offenders in France's contemporary records, was sentenced to two decades in prison last year for sedating his then wife and inviting multiple perpetrators to sexually assault her in her home in the town of Mazan over a period of almost a decade of their marriage.

Dozens of additional defendants were found convicted in a notable trial last year, and Dogan was the single defendant to appeal against his verdict. He was first sentenced to nine years in prison, a penalty enhanced on Thursday to a decade.

The state's attorney, Dominique Sie, had stated he should serve twelve years, because he “stubbornly rejects to take any responsibility”.

Testimony and Proof

Dogan had initially sent the husband sexually explicit photos and then traveled an hour from his village in the region to assault Gisèle Pelicot, after informing his wife he was going out, the evidence indicated.

Pelicot, who was transported from isolation in prison to briefly give evidence at the appeal trial, stated to the court that Dogan had understood his wife had been “drugged” and he told to men by phone: “I seek someone to assault my wife after I’ve put her to sleep unbeknownst to her.”

The proceedings became a focus point for a wider discussion on sexual violence norms in society as Dogan continued to claim he was innocent and had not committed rape, arguing that because Gisèle Pelicot’s husband had allowed him into the room, his conduct had been acceptable.

The panel in the higher court was shown video evidence of the victim's unconscious figure, comatose and breathing heavily in a comatose state, while a smiling Dogan engaged in violation repeatedly over a period of what police said was 3.5 hours. The judge said she had been at danger of death by suffocation. The state's case said there was no doubt that she had been incapacitated and had not given permission.

Accused's Testimony

Dogan informed the court the videos were simply “sexual encounters” and disputed it was violation. He said what he did was “a sexual act”, not rape. He stated the court: “I am innocent of assault.” He said the victim's husband had allowed him to the home, and therefore it was OK. He said he was deceived by Dominique Pelicot. “I attempted to cease,” Dogan informed the court. “I continued because he reassured me.”

Asked if he wanted to make a final statement to the court, the defendant said: “I never wanted to injure that lady.”

Pelicot's Words

The survivor, who was cheered upon departing the trial each day by onlookers assembled to stand with her, addressed Dogan in court: “You fail to comprehend. When will you admit you assaulted me? It’s a crime to assault an incapacitated woman. At what point did I give you agreement? Not once.”

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

Prosecutor's Remarks

The prosecutor, turning to the victim in court, said the defendant's failure to take responsibility showed that: “Guilt has not shifted. Society is perhaps in the midst of that, possibly driven by the societal understanding resulting from the publication of your situation.”

Sie said Dogan’s claims of innocence showed how rape culture was still widespread in society as part of “outdated” forms of “male domination”. He said: “It is imperative to change the culture of violence to a society based on agreement.”

The prosecutor said to Dogan: “While you refuse to admit it, it’s not just a individual, it’s an entire sordid cultural framework that you are upholding.”

Biographical Details

The accused was born in the country of Turkey and at the age of five moved to the nation of France, where his father worked as a caretaker. The evidence indicated that his parent was violent and that Dogan began consuming marijuana aged 10. When Dogan was seventeen he was caught by police for drug trafficking and his parent forced him to leave the residence. He spent time in prison for drug dealing in his early 20s and had worked as a builder but had faced periods of living on the streets.

He was married and had a child with Down’s syndrome, who he was the primary guardian for, as his spouse worked in a institution's dining hall. The evidence showed his wife did not know he had regular extramarital activities outside their union. His defence said this was his way of coping with his difficult circumstances. The defendant had told a mental health expert that annually he looked for paid sex on his birthday. His legal representatives informed the court he had joint inflammation caused by the anxiety of the first trial.