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A defendant was declared guilty on retrial of sexually assaulting Gisèle Pelicot after she was sedated by her spouse – and received his jail term raised to a decade.

Higher Court Case

Husamettin Dogan, 44, an unemployed builder, who had appealed his first conviction last year, underwent a appeal hearing this week at the higher court in Nîmes.

A jury of nine jurors, joined by three judges, ruled against Dogan on Thursday of raping Pelicot in her home in the south of France in the early hours of June 29, 2019.

The court heard that the accused, a married father, reached out to the victim's spouse, Dominique Pelicot, in an digital platform titled “unbeknownst to her”, where the husband was recruiting men to visit his house to assault his wife once he had drugged her into a comatose state.

We trust the court will say loud and clear that in this country, human rights are also women’s rights – that consent is personal, not given by another,” said Gisèle Pelicot’s attorney, Antoine Camus. “Permission is obtained directly and not via a representative from a husband.”

Context

The ex-husband, among the most severe sex offenders in France's contemporary records, was sentenced to two decades in prison last year for drugging his spouse and inviting numerous individuals to rape her in her home in the community of Mazan over a period of many years of their marriage.

Numerous other individuals were found guilty in a notable trial last year, and Dogan was the only man to contest his conviction. He was originally sentenced to 9 years in prison, a punishment raised on Thursday to a decade.

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

Courtroom Details

The defendant had initially sent Dominique Pelicot graphic images and then traveled an hour from his residence in Provence to assault the victim, after telling his wife he was going out, the testimony revealed.

Pelicot, who was transported from isolation in prison to temporarily testify at the appeal trial, told 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 put her to sleep without her consent.”

The trial became a key topic for a wider discussion on rape culture in society as the defendant continued to say he was innocent and had not perpetrated assault, arguing that because the victim's husband had welcomed him into the bedroom, his actions had been permissible.

The panel in the Nîmes appeals court was displayed recorded footage of Gisèle Pelicot’s unresponsive form, unconscious and breathing heavily in a unconscious condition, while a grinning Dogan engaged in violation repeatedly over a timeframe of what investigators stated was 3.5 hours. The presiding judge said she had been at risk of fatal outcome by asphyxiation. The prosecution said there was no doubt that she had been unconscious and had not given permission.

Defendant's Statements

The defendant informed the court the videos were simply “sex scenes” and rejected it was assault. He said what he did was “a sexual act”, not assault. He told the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had brought him to the residence, and therefore it was acceptable. He said he was deceived by Dominique Pelicot. “I tried to halt,” Dogan informed the court. “I continued because he convinced me.”

Inquired if he wanted to make a last words to the court, Dogan said: “I had no desire to hurt that individual.”

Pelicot's Words

The victim, who was cheered upon exiting the courtroom each day by supporters gathered to support her, addressed the defendant in court: “You do not grasp. When will you admit you violated me? It is illegal to rape an unaware woman. When did I ever give you agreement? Never.”

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

Prosecutor's Remarks

Sie, turning to the victim in court, said Dogan’s refusal to take blame showed that: “Shame has not yet changed sides. The community is perhaps in the midst of that, perhaps propelled by the public consciousness spurred by the revelation of your ordeal.”

The prosecutor said Dogan’s claims of innocence showed how societal tolerance 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 addressed Dogan: “For as much as you deny it, it’s not just a individual, it’s an complete sordid social system that you are upholding.”

Biographical Details

Dogan was originated from the country of Turkey and at the age of five moved to France, where his parent worked as a concierge. The court heard that his parent was aggressive and that the defendant began using drugs aged 10. When Dogan was 17 he was caught by police for dealing drugs and his parent kicked him out of home. He served time in prison for narcotics offenses in his twenties and had worked as a laborer but had experienced periods of being unhoused.

He was married and had a son with Down’s syndrome, who he was the principal carer for, as his wife worked in a educational cafeteria. The evidence showed his wife did not know he had repeated sexual encounters outside their union. His defence said this was his way of coping with his difficult circumstances. Dogan had informed a evaluator that annually he sought commercial sex on his special day. His lawyers told the court he had a medical condition resulting from the anxiety of the original case.