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A defendant has been found guilty on higher court review of sexually assaulting Gisele Pelicot following she was drugged unconscious by her husband – and received his prison sentence raised to ten years.

Appeal Trial

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

A jury of nine jurors, accompanied by three judges, ruled against Dogan on Thursday of sexually assaulting the victim in her residence in southern France in the morning of 29 June 2019.

The evidence showed that Dogan, a married father, reached out to Gisèle Pelicot’s spouse, Dominique Pelicot, in an internet forum named “unbeknownst to her”, where the husband was seeking men to enter his residence to assault his wife after he had rendered her unconscious into a comatose state.

“We hope the court will declare that in this nation, human rights are also women’s rights – that permission is personal, not delegated,” said Gisèle Pelicot’s attorney, her legal representative. “Permission is received directly and not via a representative from a husband.”

Background

The ex-husband, among the most severe sex offenders in France's contemporary records, was sentenced to twenty years in prison last year for incapacitating his spouse and soliciting multiple perpetrators to sexually assault her in her home in the community of Mazan over a period of many years of their union.

Dozens of additional defendants were found guilty in a high-profile trial last year, and Dogan was the sole individual to challenge his sentence. He was initially sentenced to 9 years in prison, a sentence raised on Thursday to ten years.

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

Evidence Presented

The defendant had initially sent the husband sexually explicit photos and then traveled an hour from his village in Provence to rape Gisèle Pelicot, after notifying his wife he was stepping out, the court heard.

Pelicot, who was brought from solitary confinement in prison to temporarily testify at the retrial, stated to the court that Dogan had understood his wife had been “sedated” and he communicated to men by phone: “I seek someone to violate my wife after I’ve put her to sleep without her consent.”

The proceedings became a key topic for a larger conversation on sexual violence norms in society as the defendant continued to say he was not guilty and had not committed rape, contending that because the victim's husband had allowed him into the residence, his conduct had been acceptable.

The jury in the higher court was presented with visual proof of Gisèle Pelicot’s unconscious figure, sedated and breathing heavily in a unconscious condition, while a grinning the perpetrator committed rape repeatedly over a duration of what investigators stated was several hours. The presiding judge said she had been at danger of fatal outcome by suffocation. The state prosecution said there was no question that she had been unconscious and had not given permission.

Defendant's Statements

The defendant informed the court the videos were simply “intimate moments” and disputed 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 residence, and therefore it was permissible. He said he was manipulated by Dominique Pelicot. “I tried to halt,” the accused stated to the court. “I continued because he reassured me.”

Inquired if he wanted to make a last words to the court, the defendant said: “I had no desire to harm that woman.”

Victim's Response

The survivor, who was supported upon departing the trial each day by onlookers assembled to support her, told Dogan in court: “You fail to comprehend. When will you admit you violated me? It’s a crime to rape an unaware woman. How could I have give you consent? At no time.”

The victim, seventy-two, became an international feminist hero after she waived her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

The prosecutor, addressing Gisèle Pelicot in court, said the defendant's failure to take responsibility showed that: “The shame remains. Society is maybe in the course of that, maybe motivated by the public consciousness resulting from the revelation of your ordeal.”

The prosecutor 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 said to the defendant: “While you deny it, it’s not just a woman, it’s an complete unpleasant social system that you are upholding.”

Personal History

Dogan was originated from the country of Turkey and at the age of five came to the nation of France, where his father worked as a concierge. The testimony revealed that his parent was aggressive and that Dogan began consuming marijuana aged 10. When he was seventeen he was apprehended by police for drug trafficking and his parent kicked him out of home. He spent time in prison for narcotics offenses in his twenties and had worked as a builder but had undergone periods of homelessness.

He was wed and had a child with Down’s syndrome, who he was the primary guardian for, as his spouse worked in a educational cafeteria. The court heard his spouse did not know he had regular sexual encounters beyond their marriage. His legal team said this was his way of coping with his challenging existence. Dogan had informed a evaluator that each year he engaged in transactional encounters on his birthday. His lawyers told the court he had joint inflammation caused by the pressure of the first trial.