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A defendant has been found guilty on appeal of sexually assaulting Gisele Pelicot after she was drugged unconscious by her husband – and received his prison sentence extended to ten years.

Retrial Proceedings

Husamettin Dogan, forty-four, an out-of-work construction worker, who had appealed his initial guilty verdict last year, faced a retrial this week at the Nîmes court of appeal.

A panel of five men and four women, joined by three judges, convicted Dogan on Thursday of sexually assaulting Pelicot in her residence in southern France in the morning of 29 June 2019.

The testimony revealed that Dogan, a married father, made contact with Gisèle Pelicot’s husband at the time, Dominique Pelicot, in an digital platform called “without her knowledge”, where the husband was seeking men to enter his residence to assault his wife after he had drugged her into a deep sleep.

“We hope the court will say loud and clear that in this country, fundamental rights are also women’s rights – that agreement is personal, not delegated,” declared the victim's lawyer, Antoine Camus. “Agreement is received directly and not through someone else from a husband.”

Context

The ex-husband, a notorious sex offenders in modern French history, was sentenced to twenty years in prison last year for sedating his wife at the time and inviting multiple perpetrators to sexually assault her in her home in the Provence village of the village of Mazan over a duration of nearly ten years of their marriage.

Fifty other men were found guilty in a widely publicized trial last year, and Dogan was the only man to appeal against his sentence. He was initially sentenced to nine years in prison, a penalty enhanced on Thursday to 10 years.

The state's attorney, Dominique Sie, had stated he should serve 12 years, because he “absolutely refuses to take any responsibility”.

Testimony and Proof

Dogan had first sent Dominique Pelicot graphic images and then driven an hour from his town in the region to rape the victim, after telling his wife he was leaving, the court heard.

The ex-husband, who was transported from segregation in prison to temporarily testify at the hearing, informed the court that Dogan had known his wife had been “incapacitated” and he communicated to men by phone: “I’m looking for someone to abuse my wife after I’ve rendered her unconscious unbeknownst to her.”

The proceedings became a focus point for a broader debate on societal attitudes in society as the defendant continued to claim he was blameless and had not engaged in violation, arguing that because Gisèle Pelicot’s husband had invited him into the residence, his actions had been acceptable.

The jury in the higher court was presented with video evidence of Gisèle Pelicot’s limp body, comatose and breathing heavily in a deep sleep, while a smiling Dogan performed assault repeatedly over a timeframe of what police said was several hours. The court official said she had been at peril of death by asphyxiation. The state's case said there was absolute certainty that she had been incapacitated and had not consented.

Defendant's Statements

The defendant stated to the court the videos were simply “sex scenes” and rejected it was assault. He said what he did was “a sexual act”, not rape. He declared the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had invited him to the residence, and therefore it was permissible. He said he was deceived by the husband. “I attempted to cease,” the accused told the court. “I proceeded because he reassured me.”

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

Survivor's Statement

The survivor, who was applauded upon departing the trial each day by crowds present to support her, told the defendant in court: “You do not grasp. When are you going to recognise you assaulted me? It is unlawful to rape an unconscious woman. At what point did I give you consent? Not once.”

The victim, 72, became an symbol of resistance after she waived her right to confidentiality in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

Sie, turning to the victim in court, said Dogan’s failure to take accountability showed that: “Guilt has not shifted. Society is perhaps in the midst of that, possibly propelled by the societal understanding spurred by the exposure of your case.”

Sie said Dogan’s claims of non-guilt showed how rape culture was still widespread in society as part of “archaic” forms of “patriarchal control”. He said: “We need to change the culture of violence to a ethos of permission.”

Sie addressed 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 supporting.”

Biographical Details

The accused was originated from Turkey and at the age of five relocated to France, where his parent worked as a concierge. The evidence indicated that his parent was aggressive and that the defendant began smoking cannabis at the age of 10. When Dogan was seventeen he was apprehended by police for selling narcotics and his father forced him to leave the residence. He served time in prison for narcotics offenses in his young adulthood and had worked as a construction worker but had experienced periods of living on the streets.

He was married and had a child with Down’s syndrome, who he was the main caregiver for, as his wife worked in a educational cafeteria. The court heard his spouse did not know he had regular sexual encounters outside their marriage. His defence said this was his way of coping with his challenging existence. The defendant had told a mental health expert that annually he engaged in commercial sex on his special day. His legal representatives told the court he had a medical condition caused by the stress of the original case.