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A defendant has been found guilty on higher court review of sexually assaulting Gisèle Pelicot following she was drugged unconscious by her then-husband – and received his incarceration period extended to ten years.

Appeal Trial

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

A panel of nine jurors, sitting with three judges, convicted Dogan on Thursday of raping Pelicot in her home in Provence in the early hours of June 29, 2019.

The court heard that Dogan, a family man, made contact with Gisèle Pelicot’s then husband, Dominique Pelicot, in an online chatroom called “without her consent”, where Pelicot was looking for men to visit his house to rape his wife once he had sedated her into a deep sleep.

We trust the court will say loud and clear that in this country, fundamental rights are also women’s rights – that agreement is personal, not delegated,” said Gisèle Pelicot’s attorney, her legal representative. “Permission is secured directly and not by proxy from a husband.”

Background

The ex-husband, a notorious sex offenders in France's contemporary records, was handed a sentence to two decades in prison last year for sedating his spouse and bringing in numerous individuals to sexually assault her in her home in the Provence village of Mazan over a span of nearly ten years of their union.

Numerous other individuals were found culpable in a high-profile trial last year, and Dogan was the sole individual to contest his conviction. He was initially sentenced to 9 years in prison, a penalty enhanced on Thursday to 10 years.

The lead state prosecutor, the prosecutor, had stated he should serve 12 years, because he “absolutely refuses to take any accountability”.

Courtroom Details

The defendant had initially sent the husband inappropriate pictures and then driven an hour from his town in the region to assault Gisèle Pelicot, after informing his wife he was leaving, the testimony revealed.

The ex-husband, who was brought from segregation in prison to temporarily give evidence at the hearing, told the court that the accused had known his wife had been “sedated” and he said to men by phone: “I seek someone to assault my wife after I’ve sedated her without her knowledge.”

The courtroom became a focus point for a larger conversation on rape culture in society as Dogan continued to say he was not guilty and had not engaged in violation, stating that because Gisèle Pelicot’s husband had welcomed him into the bedroom, his behavior had been acceptable.

The panel in the Nîmes appeals court was displayed video evidence of the victim's unresponsive form, unconscious and snoring in a unconscious condition, while a grinning the perpetrator performed assault multiple times over a duration of what authorities reported was 3.5 hours. The court official said she had been at risk of fatal outcome by choking. The state's case said there was no doubt that she had been incapacitated and had not consented.

Accused's Testimony

The defendant informed the court the videos were simply “intimate moments” and denied it was rape. He said what he did was “a consensual activity”, not assault. He stated the court: “I did not commit rape.” He said the victim's husband had invited him to the home, and therefore it was OK. He said he was influenced by the husband. “I attempted to cease,” Dogan stated to the court. “I proceeded because he reassured me.”

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

Victim's Response

The victim, who was supported upon leaving court each day by onlookers present to support her, told the defendant in court: “You fail to comprehend. When will you admit you raped me? It is illegal to rape an unconscious woman. How could I have give you permission? At no time.”

The victim, 72, became an global icon after she waived her right to privacy in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

The prosecutor, speaking to the victim in court, said Dogan’s refusal to take responsibility showed that: “Shame has not yet changed sides. The community is possibly in the midst of that, perhaps motivated by the public consciousness resulting from the revelation of your situation.”

Sie said Dogan’s claims of innocence showed how normalized violence was still common in society as part of “archaic” forms of “male domination”. He said: “Now we must change the culture of violence to a ethos of permission.”

Sie said to Dogan: “While you reject it, it’s not just a woman, it’s an complete disturbing social system that you are supporting.”

Defendant's Background

The accused was originated from the country of Turkey and at the age of five moved to the nation of France, where his father worked as a concierge. The court heard that his father was abusive and that Dogan began using drugs aged 10. When Dogan was 17 he was caught by authorities for drug trafficking and his father kicked him out of home. He served time in prison for trafficking 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 child with special needs, who he was the principal carer for, as his spouse worked in a school canteen. The testimony revealed his spouse did not know he had regular intimate relations beyond their union. His defence said this was his strategy for managing with his challenging existence. The defendant had stated to a evaluator that each year he engaged in paid sex on his special day. His lawyers stated to the court he had arthritis triggered by the pressure of the first trial.