🔗 Share this article

An individual was convicted on retrial of raping Gisèle Pelicot following she was drugged unconscious by her husband – and received his incarceration period increased to ten years.

Retrial Proceedings

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

A jury of nine jurors, sitting with three judges, found Dogan guilty on Thursday of raping the victim in her residence in southern France in the early hours of 29 June 2019.

The testimony revealed that Dogan, a married father, connected with Gisèle Pelicot’s spouse, Dominique Pelicot, in an internet forum called “unbeknownst to her”, where Pelicot was recruiting men to visit his house to assault his wife once he had drugged her into a comatose state.

“We hope the jury will say loud and clear that in this society, fundamental rights are also women’s rights – that agreement is personal, not transferred,” stated the victim's lawyer, Antoine Camus. “Agreement is obtained personally and not by proxy from a spouse.”

Background

Dominique Pelicot, one of the worst sexual predators in modern French history, was handed a sentence to two decades in prison last year for sedating his then wife and soliciting numerous individuals to sexually assault her in her home in the town of the village of Mazan over a span of many years of their union.

Fifty other men were found convicted in a notable trial last year, and the appellant was the single defendant to challenge his sentence. He was first sentenced to 9 years in prison, a sentence increased on Thursday to ten years.

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

Evidence Presented

The defendant had first sent Dominique Pelicot sexually explicit photos and then traveled an hour from his residence in Provence to assault Gisèle Pelicot, after informing his wife he was leaving, the evidence indicated.

The ex-husband, who was brought from segregation in prison to temporarily give evidence at the appeal trial, stated to the court that Dogan had understood his wife had been “drugged” and he said to men by phone: “I want someone to abuse my wife after I’ve sedated her without her knowledge.”

The proceedings became a central issue for a broader debate on societal attitudes in society as Dogan continued to assert he was innocent and had not perpetrated assault, stating that because Gisèle Pelicot’s husband had invited him into the residence, his conduct had been permissible.

The jury in the Nîmes appeals court was shown video evidence of the victim's unconscious figure, unconscious and snoring in a unconscious condition, while a grinning the perpetrator performed assault repeatedly over a period of what authorities reported was several hours. The presiding judge said she had been at danger of fatal outcome by asphyxiation. The state's case said there was no doubt that she had been incapacitated and had not given permission.

Dogan's Claims

Dogan informed the court the recordings were simply “sexual encounters” and disputed 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 Gisèle Pelicot’s husband had allowed him to the residence, and therefore it was permissible. He said he was influenced by Dominique Pelicot. “I wanted to stop,” Dogan stated to the court. “I proceeded because he convinced me.”

Asked if he wanted to make a final statement to the court, the defendant said: “I did not intend to hurt that individual.”

Survivor's Statement

Gisèle Pelicot, who was cheered upon leaving court each day by supporters present to stand with her, said to Dogan in court: “You haven’t understood. When will you admit you raped me? It’s a crime to assault an unaware woman. How could I have give you consent? Never.”

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

State's Argument

Sie, addressing the victim in court, said the defendant's unwillingness to take accountability showed that: “Shame has not yet changed sides. The public is maybe in the midst of that, possibly propelled by the collective awareness spurred by the revelation of your case.”

Sie said the defendant's claims of innocence showed how normalized violence 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 society based on agreement.”

Sie told Dogan: “As long as you refuse to admit it, it’s not just a person, it’s an entire unpleasant societal structure that you are upholding.”

Biographical Details

Dogan was born in the country of Turkey and at the age of five came to the nation of France, where his parent worked as a caretaker. The evidence indicated that his parent was abusive and that Dogan began smoking cannabis at the age of 10. When Dogan was 17 he was caught by police for drug trafficking and his father evicted him the family house. He spent time in prison for narcotics offenses in his early 20s and had worked as a laborer but had undergone periods of homelessness.

He was wed and had a child with special needs, who he was the principal carer for, as his spouse worked in a institution's dining hall. The testimony revealed his wife did not know he had regular sexual encounters outside their union. His defence said this was his method of dealing with his difficult circumstances. Dogan had stated to a mental health expert that annually he looked for commercial sex on his birthday. His lawyers informed the court he had arthritis resulting from the stress of the initial proceedings.