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A defendant has been found guilty on appeal of sexually assaulting Gisèle Pelicot following she was sedated by her spouse – and received his incarceration period raised to 10 years.

Higher Court Case

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

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

The court heard that Dogan, a family man, made contact with Gisèle Pelicot’s then husband, the husband, in an digital platform named “unbeknownst to her”, where the husband was recruiting men to enter his residence to rape his wife after he had sedated her into a unconscious state.

“We hope the panel will say loud and clear that in this society, fundamental rights are also rights of women – that permission is individual, not given by another,” declared the victim's lawyer, Antoine Camus. “Consent is obtained personally and not via a representative from a spouse.”

Background

The ex-husband, one of the worst sex offenders in recent French history, was handed a sentence to twenty years in prison last year for drugging his spouse 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.

Dozens of additional defendants were found convicted in a widely publicized trial last year, and the appellant was the single defendant to contest his verdict. He was first handed a term to 9 years in prison, a punishment enhanced on Thursday to 10 years.

The lead state prosecutor, the prosecutor, had contended he should serve 12 years, because he “completely denies to take any responsibility”.

Courtroom Details

Dogan had initially sent the husband graphic images and then traveled an hour from his residence in the region to assault Gisèle Pelicot, after informing his wife he was leaving, the testimony revealed.

Pelicot, who was transported from segregation in prison to briefly provide testimony at the appeal trial, stated to the court that the accused had been aware his wife had been “drugged” and he said to men by phone: “I seek someone to abuse my wife after I’ve rendered her unconscious without her knowledge.”

The trial became a key topic for a wider discussion on societal attitudes in society as Dogan continued to say he was not guilty and had not committed rape, contending that because the victim's husband had welcomed him into the room, his conduct had been permissible.

The panel in the Nîmes appeals court was shown video evidence of the victim's limp body, comatose and breathing heavily in a unconscious condition, while a smiling Dogan performed assault repeatedly over a timeframe of what authorities reported was three and a half hours. The court official said she had been at peril of fatal outcome by choking. The state prosecution said there was no doubt that she had been unconscious and had not consented.

Dogan's Claims

Dogan told the court the videos were simply “sex scenes” and disputed it was rape. He said what he did was “a consensual activity”, not rape. He stated the court: “I did not commit rape.” He said the victim's husband had allowed him to the home, and therefore it was permissible. He said he was manipulated by Dominique Pelicot. “I attempted to cease,” the accused stated to the court. “I proceeded because he reassured me.”

Questioned if he wanted to make a last words to the court, the defendant said: “I had no desire to harm that lady.”

Survivor's Statement

The victim, who was applauded upon leaving court each day by onlookers assembled to support her, said to Dogan in court: “You haven’t understood. When will you admit you violated me? It is illegal to rape an unaware woman. At what point did I give you agreement? Never.”

The victim, seventy-two, became an international feminist hero after she relinquished her right to privacy in the trial last year when she said: “Shame must change sides.”

State's Argument

Sie, turning to Gisèle Pelicot in court, said the defendant's unwillingness to take responsibility showed that: “Shame has not yet changed sides. The public is possibly in the course of that, maybe motivated by the public consciousness spurred by the publication of your situation.”

Sie said the defendant's claims of innocence showed how societal tolerance was still widespread in society as part of “archaic” forms of “male domination”. He said: “It is imperative to change the culture of violence to a society based on agreement.”

Sie told the defendant: “As long as you reject it, it’s not just a woman, it’s an whole unpleasant societal structure that you are upholding.”

Personal History

Dogan was originated from the country of Turkey and at the age of five moved to the nation of France, where his father worked as a building manager. The testimony revealed that his parent was violent and that Dogan began consuming marijuana aged ten. When he was seventeen he was apprehended by authorities for selling narcotics and his father forced him to leave the residence. He spent time in prison for narcotics offenses in his twenties and had worked as a builder but had undergone periods of being unhoused.

He was married and had a child with a genetic condition, who he was the primary guardian for, as his wife worked in a educational cafeteria. The evidence showed his spouse did not know he had frequent extramarital activities beyond their union. His legal team said this was his way of coping with his difficult circumstances. Dogan had told a court psychologist that once a year he engaged in transactional encounters on his birthday. His lawyers stated to the court he had joint inflammation caused by the anxiety of the original case.