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A man was convicted on appeal of sexually assaulting Gisele Pelicot following she was sedated by her then-husband – and received his jail term raised to ten years.

Higher Court Case

Husamettin Dogan, 44, an out-of-work construction worker, who had contested 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, ruled against Dogan on Thursday of sexually assaulting the victim in her bedroom in the south of France in the early hours of June 29, 2019.

The testimony revealed that the accused, a married father, reached out to the victim's spouse, the husband, in an internet forum named “unbeknownst to her”, where the husband was seeking men to come to his home to rape his wife once he had sedated her into a unconscious state.

We expect the jury will say loud and clear that in this society, fundamental rights are also rights of women – that consent is personal, not transferred,” said Gisèle Pelicot’s lawyer, her legal representative. “Consent is obtained personally and not by proxy from a spouse.”

Context

Dominique Pelicot, a notorious sexual predators in modern French history, was handed a sentence to two decades in prison last year for sedating his wife at the time and inviting multiple perpetrators to rape her in her home in the Provence village of Mazan over a period of many years of their marriage.

Numerous other individuals were found guilty in a high-profile trial last year, and the appellant was the single defendant to contest his verdict. He was originally given a sentence to 9 years in prison, a penalty increased on Thursday to a decade.

The state's attorney, Dominique Sie, had contended he should serve 12 years, because he “completely denies to take any responsibility”.

Courtroom Details

The defendant had initially sent Dominique Pelicot graphic images and then traveled an hour from his residence in the region to rape Gisèle Pelicot, after telling his wife he was stepping out, the court heard.

The ex-husband, who was brought from isolation in prison to temporarily testify at the hearing, informed the court that Dogan had understood his wife had been “sedated” and he communicated to men by phone: “I’m looking for someone to assault my wife after I’ve rendered her unconscious without her knowledge.”

The courtroom became a focus point for a larger conversation on sexual violence norms in society as the defendant continued to claim he was blameless and had not committed rape, stating that because the victim's husband had allowed him into the room, his actions had been acceptable.

The panel in the Nîmes appeals court was shown video evidence of the victim's unconscious figure, unconscious and breathing heavily in a comatose state, while a grinning Dogan engaged in violation on several occasions over a duration of what police said was several hours. The judge said she had been at peril of death by asphyxiation. The prosecution said there was no doubt that she had been unaware and had not agreed.

Defendant's Statements

Dogan stated to the court the recordings were simply “intimate moments” and rejected it was violation. He said what he did was “a consensual activity”, not rape. He told the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had allowed him to the home, and therefore it was acceptable. He said he was deceived by Dominique Pelicot. “I tried to halt,” the accused informed the court. “I carried on because he convinced me.”

Questioned if he wanted to make a closing remarks to the court, the defendant said: “I never wanted to harm that woman.”

Victim's Response

The survivor, who was cheered upon exiting the courtroom each day by crowds present to stand with her, said to Dogan in court: “You do not grasp. When will you acknowledge you assaulted me? It is illegal to rape an unaware woman. When did I ever give you agreement? At no time.”

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

Legal Commentary

Sie, addressing the victim in court, said Dogan’s refusal to take accountability showed that: “Guilt has not shifted. The community is maybe in the midst of that, maybe propelled by the societal understanding resulting from the revelation of your case.”

The prosecutor said Dogan’s claims of innocence showed how normalized violence was still common in society as part of “archaic” forms of “gender-based power”. He said: “We need to change rape culture to a ethos of permission.”

The prosecutor told the defendant: “For as much as you deny it, it’s not just a person, it’s an whole sordid societal structure that you are upholding.”

Personal History

Dogan was originated from Turkey and at the age of 5 relocated to France, where his parent worked as a caretaker. The court heard that his parent was abusive and that Dogan began using drugs aged 10. When Dogan was 17 he was stopped by police for drug trafficking and his parent kicked him out of home. He was incarcerated in prison for narcotics offenses in his twenties and had worked as a laborer but had undergone periods of living on the streets.

He was married and had a son with a genetic condition, who he was the main caregiver for, as his spouse worked in a educational cafeteria. The evidence showed his spouse did not know he had regular sexual encounters beyond their marriage. His legal team said this was his strategy for managing with his difficult circumstances. The defendant had stated to a evaluator that once a year he engaged in paid sex on his birthday. His lawyers told the court he had joint inflammation triggered by the stress of the original case.