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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 spouse – and received his incarceration period raised to 10 years.

Appeal Trial

Husamettin Dogan, 44, an out-of-work construction worker, who had appealed his first conviction last year, underwent a new trial this week at the higher court in Nîmes.

A jury of five men and four women, accompanied by three judges, found Dogan guilty on Thursday of sexually assaulting the victim in her home in Provence in the early hours of 29 June 2019.

The court heard that Dogan, a married father, made contact with the victim's spouse, the husband, in an internet forum named “unbeknownst to her”, where the husband was seeking men to visit his house to rape his wife after he had drugged her into a deep sleep.

“We hope the panel will declare that in this country, human rights are also women’s rights – that consent is individual, not delegated,” declared Gisèle Pelicot’s attorney, Antoine Camus. “Consent is secured directly and not via a representative from a husband.”

Background

The husband, a notorious sexual predators in France's contemporary records, was given a prison term to 20 years in prison last year for sedating his spouse and bringing in dozens of men to rape her in her home in the Provence village of the village of Mazan over a span of many years of their marriage.

Numerous other individuals were found convicted in a high-profile trial last year, and the appellant was the only man to contest his verdict. He was originally given a sentence to 9 years in prison, a penalty raised on Thursday to a decade.

The chief prosecutor, Dominique Sie, had argued he should serve 12 years, because he “completely denies to take any responsibility”.

Testimony and Proof

Dogan had first sent the husband sexually explicit photos and then traveled an hour from his town in Provence to rape the victim, after informing his wife he was stepping out, the court heard.

The ex-husband, who was transported from isolation in prison to briefly provide testimony at the retrial, told the court that the accused had understood his wife had been “drugged” and he said to men by phone: “I seek someone to violate my wife after I’ve put her to sleep without her knowledge.”

The proceedings became a key topic for a wider discussion on rape culture in society as Dogan continued to say he was innocent and had not committed rape, contending that because Gisèle Pelicot’s husband had allowed him into the room, his actions had been justifiable.

The jury in the higher court was displayed video evidence of Gisèle Pelicot’s unconscious figure, unconscious and breathing heavily in a comatose state, while a smiling Dogan committed rape multiple times over a timeframe of what investigators stated was 3.5 hours. The judge said she had been at peril of death by asphyxiation. The state's case said there was no doubt that she had been incapacitated and had not consented.

Defendant's Statements

The defendant informed the court the videos were simply “sex scenes” 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 house, and therefore it was OK. He said he was influenced by the husband. “I tried to halt,” Dogan informed the court. “I proceeded because he convinced me.”

Questioned if he wanted to make a closing remarks to the court, Dogan said: “I did not intend to injure that lady.”

Survivor's Statement

The victim, who was supported upon departing the trial each day by supporters present to back her, told Dogan in court: “You fail to comprehend. When will you acknowledge you violated me? It is unlawful to rape an unconscious woman. How could I have give you permission? Never.”

The victim, 72, became an symbol of resistance after she waived her right to privacy in the trial last year when she said: “The shame should shift.”

Legal Commentary

Sie, turning to Gisèle Pelicot in court, said the defendant's unwillingness to take accountability showed that: “Shame has not yet changed sides. Society is maybe in the course of that, perhaps driven by the collective awareness resulting from the revelation of your situation.”

Sie said Dogan’s claims of innocence showed how normalized violence was still widespread in society as part of “old-fashioned” forms of “patriarchal control”. He said: “Now we must change the culture of violence to a ethos of permission.”

The prosecutor told the defendant: “As long as you refuse to admit it, it’s not just a individual, it’s an entire unpleasant societal structure 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 caretaker. The testimony revealed that his father was aggressive and that the defendant began using drugs aged 10. When Dogan was seventeen he was apprehended by police for selling narcotics and his father evicted him the residence. He spent time in prison for narcotics offenses in his twenties and had worked as a builder but had faced periods of living on the streets.

He was married and had a son with special needs, who he was the primary guardian for, as his wife worked in a institution's dining hall. The evidence showed his wife did not know he had frequent extramarital activities outside their union. His legal team said this was his strategy for managing with his stressful life. Dogan had told a mental health expert that annually he sought paid sex on his special day. His lawyers told the court he had joint inflammation triggered by the stress of the original case.