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A man has been found guilty on appeal of sexually assaulting Gisèle Pelicot following she was drugged unconscious by her spouse – and was given 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 new trial this week at the Nîmes court of appeal.

A jury of four women and five men, sitting with three judges, convicted Dogan on Thursday of sexually assaulting Pelicot in her bedroom in Provence in the morning of June 29, 2019.

The evidence showed that the accused, a married father, connected with the victim's then husband, the husband, in an online chatroom called “unbeknownst to her”, where the husband was looking for men to visit his house to assault his wife once he had sedated her into a unconscious state.

We expect the court will say loud and clear that in this country, human rights are also women’s rights – that permission is individual, not given by another,” declared the victim's lawyer, her legal representative. “Agreement is secured personally and not through someone else from a husband.”

Background

Dominique Pelicot, among the most severe sexual predators in France's contemporary records, was handed a sentence to twenty years in prison last year for sedating his wife at the time and bringing in dozens of men to sexually assault her in her home in the Provence village of Mazan over a span of many years of their marriage.

Dozens of additional defendants were found guilty in a high-profile trial last year, and the appellant was the only man to appeal against his verdict. He was originally given a sentence to 9 years in prison, a punishment raised on Thursday to ten years.

The lead state prosecutor, the prosecutor, had contended he should serve twelve years, because he “completely denies to take any accountability”.

Testimony and Proof

Dogan had initially sent Dominique Pelicot sexually explicit photos and then driven an hour from his village in Provence to rape the victim, after informing his wife he was going out, the court heard.

Pelicot, who was brought from solitary confinement in prison to briefly testify at the hearing, told the court that Dogan had been aware his wife had been “drugged” and he told to men by phone: “I seek someone to assault my wife after I’ve sedated her unbeknownst to her.”

The trial became a central issue for a larger conversation on rape culture in society as the defendant continued to claim he was blameless and had not committed rape, arguing that because the victim's husband had invited him into the room, his conduct had been permissible.

The panel in the higher court was presented with recorded footage of the victim's unconscious figure, unconscious and breathing heavily in a comatose state, while a grinning Dogan engaged in violation multiple times over a timeframe of what police said was three and a half hours. The judge said she had been at peril of death by choking. The prosecution said there was absolute certainty that she had been unconscious and had not agreed.

Defendant's Statements

Dogan stated to the court the videos were simply “sex scenes” and denied it was assault. He said what he did was “an intimate behavior”, not rape. He told the court: “I am innocent of assault.” He said the victim's husband had invited him to the home, and therefore it was acceptable. He said he was influenced by the husband. “I tried to halt,” the accused told the court. “I continued because he convinced me.”

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

Pelicot's Words

The survivor, who was applauded upon exiting the courtroom each day by crowds present to back her, addressed the defendant in court: “You fail to comprehend. When are you going to recognise you assaulted me? It is unlawful to assault an incapacitated woman. When did I ever give you consent? Never.”

The victim, 72, became an global icon after she gave up her right to privacy in the trial last year when she said: “The shame should shift.”

State's Argument

The prosecutor, addressing Gisèle Pelicot in court, said Dogan’s refusal to take responsibility showed that: “The shame remains. Society is possibly in the process of that, maybe propelled by the public consciousness resulting from the exposure of your case.”

The prosecutor said the defendant's claims of non-guilt showed how societal tolerance was still common in society as part of “outdated” forms of “male domination”. He said: “It is imperative to change rape culture to a society based on agreement.”

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

Personal History

Dogan was born in the country of Turkey and at the age of 5 came to the nation of France, where his parent worked as a caretaker. The testimony revealed that his father was abusive and that the defendant began consuming marijuana at the age of 10. When he was 17 he was apprehended by police for selling narcotics and his father forced him to leave the family house. He spent time in prison for trafficking in his young adulthood and had worked as a builder 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 court heard his spouse did not know he had regular sexual encounters outside their union. His legal team said this was his method of dealing with his stressful life. Dogan had informed a evaluator that each year he looked for transactional encounters on his special day. His legal representatives told the court he had joint inflammation resulting from the anxiety of the first trial.