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A defendant was declared guilty on appeal of sexually assaulting Gisèle Pelicot after she was sedated by her spouse – and received his incarceration period increased to 10 years.

Higher Court Case

Husamettin Dogan, 44, an out-of-work construction worker, who had appealed his initial guilty verdict last year, experienced a retrial this week at the higher court in Nîmes.

A jury of five men and four women, accompanied by three judges, found Dogan guilty on Thursday of raping the victim in her home in Provence in the morning of June 29, 2019.

The court heard that Dogan, a married father, connected with Gisèle Pelicot’s spouse, Dominique Pelicot, in an internet forum named “without her consent”, where the husband was seeking men to visit his house to assault his wife once he had rendered her unconscious into a comatose state.

“We hope the jury will declare that in this country, human rights are also women’s rights – that permission is individual, not delegated,” declared Gisèle Pelicot’s attorney, Antoine Camus. “Agreement is obtained directly and not through someone else from a husband.”

Context

The husband, one of the worst sexual predators in recent French history, was given a prison term to twenty years in prison last year for sedating his spouse and bringing in dozens of men to rape her in her home in the Provence village of Mazan over a span of almost a decade of their marriage.

Numerous other individuals were found culpable in a high-profile trial last year, and the appellant was the single defendant to appeal against his sentence. He was originally sentenced to 9 years in prison, a sentence increased on Thursday to 10 years.

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

Courtroom Details

The defendant had initially sent Dominique Pelicot inappropriate pictures and then traveled an hour from his village in the region to assault Gisèle Pelicot, after telling his wife he was going out, the testimony revealed.

The ex-husband, who was transported from isolation in prison to briefly provide testimony at the hearing, informed the court that the accused had known his wife had been “drugged” and he told to men by phone: “I want someone to violate my wife after I’ve rendered her unconscious without her consent.”

The courtroom became a key topic for a larger conversation on rape culture in society as the defendant continued to say he was not guilty and had not perpetrated assault, stating that because Gisèle Pelicot’s husband had welcomed him into the residence, his behavior had been permissible.

The panel in the higher court was shown recorded footage of Gisèle Pelicot’s unresponsive form, comatose and snoring in a unconscious condition, while a smiling the perpetrator performed assault on several occasions over a period of what police said was 3.5 hours. The court official said she had been at danger of fatal outcome by asphyxiation. The state prosecution said there was no question that she had been unconscious and had not given permission.

Accused's Testimony

The defendant informed the court the recordings were simply “sexual encounters” and disputed it was rape. He said what he did was “a sexual act”, not rape. He stated the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had brought him to the residence, and therefore it was permissible. He said he was deceived by Dominique Pelicot. “I attempted to cease,” the accused informed the court. “I carried on because he persuaded me.”

Inquired if he wanted to make a final statement to the court, Dogan said: “I had no desire to injure that woman.”

Survivor's Statement

The victim, who was supported upon exiting the courtroom each day by supporters assembled to back her, addressed the defendant in court: “You haven’t understood. When are you going to recognise you raped me? It’s a crime to assault an unaware woman. When did I ever give you permission? At no time.”

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

State's Argument

The prosecutor, turning to Gisèle Pelicot in court, said Dogan’s failure to take responsibility showed that: “Shame has not yet changed sides. The community is maybe in the midst of that, possibly propelled by the public consciousness resulting from the revelation of your situation.”

The prosecutor said Dogan’s claims of blamelessness showed how rape culture was still common in society as part of “outdated” forms of “gender-based power”. He said: “Now we must change the culture of violence to a ethos of permission.”

Sie told the defendant: “As long as you deny it, it’s not just a person, it’s an complete sordid societal structure that you are endorsing.”

Personal History

The accused was born in Turkey and at the age of 5 moved to France, where his father worked as a concierge. The evidence indicated that his parent was violent and that Dogan began consuming marijuana aged ten. When Dogan was seventeen he was caught by authorities for drug trafficking and his father kicked him out the family house. He spent time in prison for drug dealing in his early 20s and had worked as a laborer but had experienced periods of homelessness.

He was wed and had a child with a genetic condition, who he was the primary guardian for, as his wife worked in a school canteen. The testimony revealed his wife did not know he had regular intimate relations outside their union. His defence said this was his strategy for managing with his stressful life. Dogan had informed a court psychologist that each year he sought paid sex on his birthday. His attorneys stated to the court he had arthritis triggered by the stress of the initial proceedings.