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A defendant was convicted on higher court review of sexually assaulting Gisele Pelicot following she was drugged unconscious by her husband – and was given his prison sentence raised to a decade.

Appeal Trial

Husamettin Dogan, 44, an out-of-work construction worker, who had contested his first conviction last year, underwent a retrial this week at the Nîmes court of appeal.

A jury of nine jurors, accompanied by three judges, found Dogan guilty on Thursday of raping the victim in her bedroom in the south of France in the morning of June 29, 2019.

The evidence showed that Dogan, a family man, connected with Gisèle Pelicot’s spouse, the husband, in an online chatroom titled “without her knowledge”, where Pelicot was looking for men to visit his house to assault his wife after he had drugged her into a comatose state.

We trust the court will declare that in this country, fundamental rights are also rights of women – that permission is personal, not given by another,” said Gisèle Pelicot’s lawyer, her legal representative. “Agreement is received directly and not through someone else from a spouse.”

Context

The ex-husband, one of the worst sex offenders in France's contemporary records, was handed a sentence to 20 years in prison last year for sedating his spouse and inviting numerous individuals to sexually assault her in her home in the community of Mazan over a period of many years of their union.

Fifty other men were found culpable in a widely publicized trial last year, and the appellant was the sole individual to appeal against his conviction. He was first sentenced to nine years in prison, a punishment raised on Thursday to 10 years.

The state's attorney, the prosecutor, had stated he should serve twelve years, because he “stubbornly rejects to take any responsibility”.

Evidence Presented

The defendant had first sent Dominique Pelicot graphic images and then driven an hour from his residence in the region to assault the victim, after notifying his wife he was leaving, the testimony revealed.

Pelicot, who was transported from isolation in prison to temporarily give evidence at the hearing, informed the court that the accused had understood his wife had been “incapacitated” and he said to men by phone: “I seek someone to abuse my wife after I’ve put her to sleep without her knowledge.”

The trial became a central issue for a wider discussion on societal attitudes in society as the defendant continued to say he was blameless and had not engaged in violation, arguing that because Gisèle Pelicot’s husband had allowed him into the bedroom, his conduct had been acceptable.

The panel in the higher court was shown visual proof of the victim's unresponsive form, unconscious and breathing heavily in a deep sleep, while a grinning the perpetrator performed assault repeatedly over a period of what police said was three and a half hours. The judge said she had been at risk of fatal outcome by choking. The state prosecution said there was no question that she had been unaware and had not agreed.

Accused's Testimony

The defendant told the court the footage were simply “sex scenes” and disputed it was violation. He said what he did was “a consensual activity”, not assault. He told the court: “I never raped.” He said Gisèle Pelicot’s husband had invited him to the house, and therefore it was OK. He said he was manipulated by Dominique Pelicot. “I tried to halt,” the accused told the court. “I continued because he convinced me.”

Inquired if he wanted to make a closing remarks to the court, the defendant said: “I did not intend to hurt that lady.”

Victim's Response

The survivor, who was supported upon departing the trial each day by onlookers present to stand with her, addressed Dogan in court: “You haven’t understood. When will you admit you assaulted me? It is unlawful to rape an unaware woman. At what point did I give you agreement? At no time.”

The victim, seventy-two, became an global icon after she waived her right to confidentiality 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 unwillingness to take accountability showed that: “The shame remains. Society is perhaps in the course of that, perhaps propelled by the collective awareness brought by the revelation of your situation.”

The prosecutor said the defendant's claims of innocence showed how rape culture was still prevalent in society as part of “old-fashioned” forms of “male domination”. He said: “We need to change rape culture to a ethos of permission.”

The prosecutor told Dogan: “While you refuse to admit it, it’s not just a individual, it’s an complete disturbing social system that you are upholding.”

Biographical Details

Dogan was born in the country of Turkey and at the age of five moved to the nation of France, where his parent worked as a caretaker. The evidence indicated that his parent was violent and that Dogan began using drugs at the age of ten. When Dogan was 17 he was stopped by authorities for drug trafficking and his parent forced him to leave the residence. He spent time in prison for trafficking in his early 20s and had worked as a builder but had experienced periods of living on the streets.

He was wed and had a son with a genetic condition, who he was the main caregiver for, as his spouse worked in a school canteen. The evidence showed his wife did not know he had repeated intimate relations beyond their marriage. His legal team said this was his method of dealing with his challenging existence. The defendant had informed a court psychologist that annually he sought commercial sex on his special day. His legal representatives told the court he had a medical condition triggered by the stress of the first trial.