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A man was declared guilty on appeal of sexually assaulting Gisele Pelicot following she was sedated by her spouse – and received his jail term extended to ten years.

Higher Court Case

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

A jury of nine jurors, joined by three judges, ruled against Dogan on Thursday of sexually assaulting Pelicot in her residence in southern France in the early hours of 29 June 2019.

The court heard that Dogan, a family man, reached out to the victim's spouse, the husband, in an digital platform titled “unbeknownst to her”, where Pelicot was seeking men to come to his home to assault his wife after he had rendered her unconscious into a comatose state.

We trust the court will affirm that in this country, fundamental rights are also rights of women – that consent is individual, not delegated,” declared Gisèle Pelicot’s attorney, her legal representative. “Agreement is obtained personally and not via a representative from a spouse.”

Context

The husband, a notorious sex offenders in France's contemporary records, was sentenced to twenty years in prison last year for drugging his spouse and bringing in numerous individuals to rape her in her home in the Provence village of Mazan over a duration of nearly ten years of their marriage.

Numerous other individuals were found convicted in a widely publicized trial last year, and Dogan was the single defendant to contest his sentence. He was originally sentenced to 9 years in prison, a punishment raised on Thursday to ten years.

The chief prosecutor, the prosecutor, had stated he should serve twelve years, because he “stubbornly rejects to take any responsibility”.

Evidence Presented

The defendant had initially sent the husband sexually explicit photos and then traveled an hour from his village in Provence to assault Gisèle Pelicot, after telling his wife he was leaving, the evidence indicated.

The ex-husband, who was brought from segregation in prison to temporarily give evidence at the retrial, informed the court that Dogan had known his wife had been “sedated” and he communicated to men by phone: “I’m looking for someone to violate my wife after I’ve sedated her unbeknownst to her.”

The trial became a key topic for a wider discussion on societal attitudes in society as the defendant continued to claim he was blameless and had not perpetrated assault, stating that because Gisèle Pelicot’s husband had allowed him into the room, his actions had been acceptable.

The jury in the higher court was shown visual proof of Gisèle Pelicot’s limp body, unconscious and breathing heavily in a deep sleep, while a smiling the perpetrator committed rape repeatedly over a duration of what investigators stated was 3.5 hours. The presiding judge said she had been at danger of death by suffocation. The state prosecution said there was no doubt that she had been incapacitated and had not agreed.

Dogan's Claims

The defendant stated to the court the footage were simply “sexual encounters” and denied it was rape. He said what he did was “a sexual act”, not assault. He stated the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had allowed him to the house, and therefore it was permissible. He said he was influenced by Dominique Pelicot. “I attempted to cease,” the accused stated to the court. “I carried on because he reassured me.”

Asked if he wanted to make a closing remarks to the court, Dogan said: “I never wanted to injure that woman.”

Survivor's Statement

Gisèle Pelicot, who was supported upon leaving court each day by crowds assembled to stand with her, told the defendant in court: “You haven’t understood. When will you admit you violated me? It’s a crime to assault an incapacitated woman. How could I have give you consent? At no time.”

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

Legal Commentary

Sie, addressing the victim in court, said the defendant's refusal to take accountability showed that: “Guilt has not shifted. The public is perhaps in the midst of that, perhaps motivated by the societal understanding spurred by the revelation of your case.”

Sie said the defendant's claims of non-guilt showed how rape culture was still prevalent in society as part of “archaic” forms of “male domination”. He said: “It is imperative to change rape culture to a ethos of permission.”

Sie told Dogan: “As long as you deny it, it’s not just a individual, it’s an complete disturbing cultural framework that you are upholding.”

Personal History

Dogan was born in Turkey and at the age of 5 came to France, where his father worked as a building manager. The evidence indicated that his father was violent and that Dogan began consuming marijuana aged 10. When Dogan was 17 he was caught by authorities for drug trafficking and his father kicked him out the residence. He was incarcerated in prison for narcotics offenses 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 son with special needs, who he was the principal carer for, as his wife worked in a institution's dining hall. The court heard his wife did not know he had repeated intimate relations outside their union. His defence said this was his method of dealing with his stressful life. Dogan had told a evaluator that each year he looked for transactional encounters on his birthday. His legal representatives stated to the court he had arthritis triggered by the pressure of the original case.