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An individual was declared guilty on higher court review of raping Gisele Pelicot following she was sedated by her husband – and has had his jail term extended to ten years.

Higher Court Case

Husamettin Dogan, 44, an unemployed builder, who had challenged his initial guilty verdict last year, faced a new trial this week at the appeals court in Nîmes.

A panel of nine jurors, accompanied by three judges, found Dogan guilty on Thursday of sexually assaulting Pelicot in her home in Provence in the morning of 29 June 2019.

The evidence showed that Dogan, a married father, reached out to Gisèle Pelicot’s then husband, Dominique Pelicot, in an internet forum called “without her consent”, where Pelicot was looking for men to visit his house to assault his wife after he had rendered her unconscious into a unconscious state.

“We hope the court will declare that in this country, fundamental rights are also rights of women – that agreement is personal, not given by another,” stated Gisèle Pelicot’s lawyer, Antoine Camus. “Permission is secured personally and not by proxy from a husband.”

Background

The ex-husband, one of the worst sexual predators in recent French history, was sentenced to twenty years in prison last year for drugging his spouse and bringing in numerous individuals to sexually assault her in her home in the community of Mazan over a period of nearly ten years of their union.

Numerous other individuals were found culpable in a high-profile trial last year, and Dogan was the single defendant to appeal against his sentence. He was first sentenced to nine years in prison, a sentence enhanced on Thursday to ten years.

The chief prosecutor, the prosecutor, had stated he should serve 12 years, because he “absolutely refuses to take any accountability”.

Testimony and Proof

The defendant had first sent Dominique Pelicot graphic images and then traveled an hour from his village in Provence to assault the victim, after informing his wife he was stepping out, the court heard.

Pelicot, who was brought from segregation in prison to briefly give evidence at the retrial, stated to the court that the accused had been aware his wife had been “incapacitated” and he told to men by phone: “I’m looking for someone to abuse my wife after I’ve put her to sleep unbeknownst to her.”

The proceedings became a focus point for a larger conversation on sexual violence norms in society as the defendant continued to assert he was innocent and had not engaged in violation, stating that because the victim's husband had allowed him into the room, his conduct had been justifiable.

The panel in the higher court was shown video evidence of Gisèle Pelicot’s unresponsive form, sedated and snoring in a deep sleep, while a grinning the perpetrator engaged in violation multiple times over a timeframe of what police said was 3.5 hours. The court official said she had been at danger of death by asphyxiation. The state prosecution said there was no question that she had been unconscious and had not agreed.

Defendant's Statements

The defendant told the court the videos were simply “intimate moments” and disputed it was assault. He said what he did was “an intimate behavior”, not assault. He stated the court: “I did not commit rape.” He said the victim's husband had brought him to the home, and therefore it was acceptable. He said he was influenced by Dominique Pelicot. “I attempted to cease,” the accused told the court. “I proceeded because he convinced me.”

Questioned if he wanted to make a last words to the court, the defendant said: “I never wanted to harm that lady.”

Survivor's Statement

The victim, who was cheered upon departing the trial each day by supporters present to stand with her, said to Dogan in court: “You haven’t understood. When will you admit you violated me? It is illegal to rape an incapacitated woman. How could I have give you permission? At no time.”

The victim, seventy-two, became an symbol of resistance after she waived her right to privacy in the trial last year when she said: “Guilt ought to transfer.”

State's Argument

The prosecutor, addressing the victim in court, said the defendant's refusal to take responsibility showed that: “The shame remains. The community is maybe in the process of that, possibly propelled by the collective awareness resulting from the revelation of your ordeal.”

Sie said Dogan’s claims of blamelessness showed how normalized violence was still common in society as part of “archaic” forms of “patriarchal control”. He said: “We need to change the culture of violence to a society based on agreement.”

The prosecutor addressed Dogan: “While you refuse to admit it, it’s not just a individual, it’s an entire unpleasant social system that you are endorsing.”

Personal History

Dogan was born in the country of Turkey and at the age of 5 came to France, where his parent worked as a concierge. The evidence indicated that his parent was aggressive and that the defendant began using drugs at the age of ten. When Dogan was seventeen he was caught by police for drug trafficking and his parent evicted him the residence. He served time in prison for trafficking in his young adulthood and had worked as a laborer but had undergone periods of homelessness.

He was married and had a child with special needs, who he was the main caregiver for, as his wife worked in a school canteen. The testimony revealed his wife did not know he had frequent intimate relations outside their union. His defence said this was his way of coping with his stressful life. The defendant had stated to a mental health expert that annually he sought transactional encounters on his birthday. His attorneys stated to the court he had joint inflammation triggered by the pressure of the initial proceedings.