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An individual has been found guilty on appeal of sexually assaulting Gisele Pelicot following she was sedated by her then-husband – and has had his jail term raised to 10 years.

Higher Court Case

Husamettin Dogan, forty-four, an out-of-work construction worker, who had challenged his initial guilty verdict last year, faced a new trial this week at the higher court in Nîmes.

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

The testimony revealed that Dogan, a family man, made contact with Gisèle Pelicot’s husband at the time, the husband, in an online chatroom titled “unbeknownst to her”, where the husband was seeking men to enter his residence to rape his wife once he had drugged her into a deep sleep.

We trust the court will declare that in this society, human rights are also women’s rights – that consent is individual, not delegated,” stated the victim's lawyer, her legal representative. “Permission is received personally and not by proxy from a spouse.”

Background

Dominique Pelicot, among the most severe sex offenders in France's contemporary records, was given a prison term to 20 years in prison last year for drugging his wife at the time and inviting numerous individuals to rape her in her home in the town of the village of Mazan over a duration of almost a decade of their marriage.

Numerous other individuals were found culpable in a widely publicized trial last year, and the appellant was the sole individual to contest his sentence. He was initially given a sentence to nine years in prison, a sentence enhanced on Thursday to ten years.

The chief prosecutor, the prosecutor, had argued he should serve twelve years, because he “absolutely refuses to take any blame”.

Evidence Presented

Dogan had first sent Dominique Pelicot inappropriate pictures and then driven an hour from his residence in the region to assault Gisèle Pelicot, after notifying his wife he was leaving, the court heard.

The ex-husband, who was brought from isolation in prison to briefly provide testimony at the retrial, stated to the court that Dogan had known his wife had been “incapacitated” and he told to men by phone: “I want someone to violate my wife after I’ve put her to sleep without her consent.”

The courtroom became a focus point for a wider discussion on societal attitudes in society as Dogan continued to say he was not guilty and had not engaged in violation, stating that because Gisèle Pelicot’s husband had invited him into the residence, his actions had been justifiable.

The panel in the higher court was shown video evidence of the victim's limp body, comatose and breathing heavily in a comatose state, while a smiling Dogan performed assault repeatedly over a period of what investigators stated was 3.5 hours. The court official said she had been at risk of death by suffocation. The prosecution said there was absolute certainty that she had been unaware and had not given permission.

Defendant's Statements

The defendant stated to the court the videos were simply “sex scenes” and disputed it was violation. He said what he did was “a sexual act”, not rape. He told the court: “I never raped.” He said the victim's husband had invited him to the residence, and therefore it was OK. He said he was deceived by Dominique Pelicot. “I attempted to cease,” the accused stated to the court. “I proceeded because he convinced me.”

Asked if he wanted to make a closing remarks to the court, Dogan said: “I had no desire to injure that lady.”

Victim's Response

The victim, who was applauded upon departing the trial each day by supporters gathered to stand with her, said to Dogan in court: “You fail to comprehend. When will you acknowledge you assaulted me? It is unlawful to rape an unaware woman. How could I have give you consent? At no time.”

Gisèle Pelicot, seventy-two, became an symbol of resistance after she gave up her right to privacy in the trial last year when she said: “Shame must change sides.”

Legal Commentary

The prosecutor, speaking to Gisèle Pelicot in court, said Dogan’s refusal to take accountability showed that: “The shame remains. The public is maybe in the course of that, maybe driven by the collective awareness spurred by the publication of your case.”

Sie said the defendant's claims of non-guilt showed how societal tolerance was still prevalent in society as part of “archaic” forms of “gender-based power”. He said: “Now we must change rape culture to a ethos of permission.”

Sie told the defendant: “As long as you refuse to admit it, it’s not just a individual, it’s an complete sordid cultural framework that you are upholding.”

Personal History

Dogan was originated from the country of Turkey and at the age of 5 relocated to the nation of France, where his father worked as a concierge. The court heard that his parent was violent and that Dogan began consuming marijuana aged ten. When he was seventeen he was stopped by police for drug trafficking and his father kicked him out the family house. He was incarcerated in prison for drug dealing in his young adulthood and had worked as a builder but had faced periods of living on the streets.

He was wed and had a child with a genetic condition, who he was the primary guardian for, as his spouse worked in a school canteen. The testimony revealed his wife did not know he had regular intimate relations beyond their marriage. His defence said this was his strategy for managing with his difficult circumstances. The defendant had stated to a evaluator that once a year he looked for transactional encounters on his birthday. His legal representatives told the court he had arthritis triggered by the anxiety of the first trial.