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An individual was declared guilty on retrial of sexually assaulting Gisele Pelicot after she was sedated by her spouse – and received his prison sentence raised to a decade.

Higher Court Case

Husamettin Dogan, 44, an unemployed builder, who had challenged his first conviction last year, experienced a new trial this week at the appeals court in Nîmes.

A jury of nine jurors, joined by 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 evidence showed that the accused, a family man, made contact with Gisèle Pelicot’s then husband, Dominique Pelicot, in an internet forum called “unbeknownst to her”, where Pelicot was seeking men to enter his residence to assault his wife after he had rendered her unconscious into a unconscious state.

We trust the court will say loud and clear that in this nation, human rights are also rights of women – that agreement is personal, not delegated,” stated Gisèle Pelicot’s attorney, her legal representative. “Consent is secured personally and not through someone else from a spouse.”

Context

The ex-husband, one of the worst sexual predators in recent French history, was sentenced to twenty years in prison last year for incapacitating his wife at the time and inviting dozens of men to sexually assault her in her home in the Provence village of Mazan over a duration of almost a decade of their marriage.

Fifty other men were found convicted in a widely publicized trial last year, and the appellant was the only man to contest his conviction. He was first handed a term to nine years in prison, a penalty raised on Thursday to 10 years.

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

Testimony and Proof

The defendant had first sent the husband graphic images and then traveled an hour from his residence in the region to assault Gisèle Pelicot, after telling his wife he was going out, the testimony revealed.

The ex-husband, who was brought from segregation in prison to temporarily testify at the hearing, told the court that Dogan had understood his wife had been “incapacitated” and he said to men by phone: “I’m looking for someone to assault my wife after I’ve sedated her unbeknownst to her.”

The courtroom became a focus point for a larger conversation on sexual violence norms in society as the defendant continued to claim he was innocent and had not committed rape, contending that because Gisèle Pelicot’s husband had allowed him into the bedroom, his actions had been acceptable.

The panel in the Nîmes appeals court was shown video evidence of the victim's limp body, sedated and snoring in a deep sleep, while a smiling the perpetrator engaged in violation on several occasions over a period of what police said was several hours. The court official said she had been at peril of death by suffocation. The prosecution said there was no doubt that she had been unconscious and had not given permission.

Accused's Testimony

The defendant informed the court the recordings were simply “sex scenes” and disputed it was rape. He said what he did was “a consensual activity”, not rape. He told the court: “I never raped.” He said the victim's husband had brought him to the residence, and therefore it was acceptable. He said he was manipulated by Dominique Pelicot. “I attempted to cease,” the accused informed the court. “I proceeded because he persuaded me.”

Inquired if he wanted to make a closing remarks to the court, the defendant said: “I had no desire to harm that woman.”

Survivor's Statement

The victim, who was cheered upon departing the trial each day by supporters present to stand with her, addressed Dogan in court: “You fail to comprehend. When are you going to recognise you raped me? It’s a crime to assault an unaware woman. How could I have give you agreement? At no time.”

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

State's Argument

The prosecutor, turning to the victim in court, said the defendant's failure to take responsibility showed that: “The shame remains. The community is maybe in the midst of that, maybe propelled by the collective awareness resulting from the publication of your situation.”

The prosecutor said Dogan’s claims of non-guilt showed how normalized violence was still common in society as part of “archaic” forms of “patriarchal control”. He said: “We need to change the culture of violence to a society based on agreement.”

Sie said to Dogan: “While you refuse to admit it, it’s not just a woman, it’s an entire disturbing societal structure that you are endorsing.”

Biographical Details

Dogan was born in the country of Turkey and at the age of five relocated to France, where his father worked as a caretaker. The evidence indicated that his father was aggressive and that Dogan began using drugs at the age of 10. When Dogan was seventeen he was apprehended by authorities for selling narcotics and his father forced him to leave the family house. He was incarcerated in prison for narcotics offenses in his early 20s and had worked as a laborer but had faced periods of homelessness.

He was married and had a son with Down’s syndrome, who he was the primary guardian for, as his wife worked in a school canteen. The evidence showed his wife did not know he had regular sexual encounters outside their marriage. His legal team said this was his way of coping with his stressful life. Dogan had stated to a evaluator that each year he sought transactional encounters on his birthday. His attorneys stated to the court he had joint inflammation triggered by the stress of the first trial.