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A man was convicted on retrial of sexually assaulting Gisele Pelicot following she was sedated by her spouse – and received his incarceration period raised to 10 years.

Appeal Trial

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

A panel of five men and four women, sitting with three judges, ruled against Dogan on Thursday of sexually assaulting Pelicot in her bedroom in the south of France in the early hours of June 29, 2019.

The evidence showed that Dogan, a married father, made contact with the victim's then husband, Dominique Pelicot, in an internet forum called “without her knowledge”, where Pelicot was recruiting men to come to his home to assault his wife once he had drugged her into a unconscious state.

We expect the jury will say loud and clear that in this country, human rights are also women’s rights – that permission is personal, not transferred,” stated the victim's lawyer, her legal representative. “Consent is secured personally and not through someone else from a husband.”

Context

The husband, a notorious sex offenders in France's contemporary records, was sentenced to two decades in prison last year for incapacitating his spouse and bringing in dozens of men to rape her in her home in the community of Mazan over a duration of nearly ten years of their union.

Numerous other individuals were found guilty in a high-profile trial last year, and the appellant was the sole individual to challenge his sentence. He was first handed a term to 9 years in prison, a sentence enhanced on Thursday to ten years.

The state's attorney, Dominique Sie, had contended he should serve 12 years, because he “stubbornly rejects to take any responsibility”.

Testimony and Proof

Dogan had first sent Dominique Pelicot graphic images and then driven an hour from his residence in Provence to assault Gisèle Pelicot, after notifying his wife he was leaving, the evidence indicated.

Pelicot, who was transported from solitary confinement in prison to temporarily provide testimony at the appeal trial, stated to the court that Dogan had known his wife had been “incapacitated” and he told to men by phone: “I’m looking for someone to assault my wife after I’ve sedated her unbeknownst to her.”

The proceedings became a key topic for a wider discussion on societal attitudes in society as the defendant continued to say he was not guilty and had not committed rape, stating that because the victim's husband had welcomed him into the room, his actions had been acceptable.

The jury in the Nîmes appeals court was presented with recorded footage of the victim's unconscious figure, sedated and breathing heavily in a comatose state, while a smiling Dogan engaged in violation multiple times over a duration of what authorities reported was 3.5 hours. The court official said she had been at danger of death by choking. The prosecution said there was no question that she had been incapacitated and had not consented.

Accused's Testimony

The defendant told the court the recordings were simply “sex scenes” and rejected it was assault. He said what he did was “a consensual activity”, 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 acceptable. He said he was deceived by Dominique Pelicot. “I attempted to cease,” Dogan told the court. “I continued because he reassured me.”

Questioned if he wanted to make a last words to the court, the defendant said: “I did not intend to injure that woman.”

Pelicot's Words

The survivor, who was supported upon exiting the courtroom each day by onlookers present to stand with her, told Dogan in court: “You fail to comprehend. When will you admit you violated me? It’s a crime to assault an unconscious woman. At what point did I give you consent? Not once.”

Gisèle Pelicot, seventy-two, became an global icon after she relinquished her right to anonymity in the trial last year when she said: “Shame must change sides.”

Legal Commentary

The prosecutor, speaking to Gisèle Pelicot in court, said the defendant's failure to take blame showed that: “The shame remains. The community is maybe in the midst of that, possibly propelled by the collective awareness spurred by the exposure of your case.”

Sie said Dogan’s claims of non-guilt showed how societal tolerance was still prevalent in society as part of “old-fashioned” forms of “gender-based power”. He said: “It is imperative to change rape culture to a society based on agreement.”

The prosecutor addressed Dogan: “For as much as you reject it, it’s not just a individual, it’s an complete unpleasant social system that you are endorsing.”

Biographical Details

Dogan was born in Turkey and at the age of 5 relocated to France, where his father worked as a caretaker. The court heard that his parent was abusive and that the defendant began smoking cannabis aged ten. When Dogan was seventeen he was caught by authorities for selling narcotics and his father forced him to leave the residence. He spent time in prison for drug dealing in his twenties and had worked as a laborer but had experienced periods of living on the streets.

He was married and had a son with Down’s syndrome, who he was the principal carer for, as his wife worked in a institution's dining hall. The testimony revealed his spouse did not know he had frequent sexual encounters beyond their marriage. His defence said this was his way of coping with his stressful life. The defendant had told a mental health expert that once a year he sought commercial sex on his special day. His lawyers told the court he had arthritis resulting from the stress of the initial proceedings.