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An individual has been found guilty on higher court review of sexually assaulting Gisèle Pelicot following she was drugged unconscious by her husband – and was given his jail term raised to 10 years.

Retrial Proceedings

Husamettin Dogan, forty-four, an out-of-work construction worker, who had appealed his first conviction last year, experienced a appeal hearing this week at the Nîmes court of appeal.

A panel of four women and five men, joined by three judges, ruled against Dogan on Thursday of raping Pelicot in her home in Provence in the early hours of 29 June 2019.

The evidence showed that the accused, a married father, connected with Gisèle Pelicot’s spouse, Dominique Pelicot, in an online chatroom titled “without her consent”, where the husband was looking for men to come to his home to assault his wife after he had rendered her unconscious into a unconscious state.

We expect the jury will affirm that in this society, fundamental rights are also women’s rights – that consent is individual, not given by another,” stated the victim's attorney, Antoine Camus. “Permission is secured personally and not by proxy from a husband.”

Context

The husband, among the most severe sexual predators in recent French history, was sentenced to twenty years in prison last year for incapacitating his wife at the time and inviting dozens of men to rape her in her home in the town of the village of Mazan over a span of almost a decade of their union.

Numerous other individuals were found convicted in a notable trial last year, and Dogan was the single defendant to contest his conviction. He was initially given a sentence to nine years in prison, a punishment raised on Thursday to ten years.

The lead state prosecutor, the prosecutor, had contended he should serve twelve years, because he “completely denies to take any accountability”.

Evidence Presented

The defendant had initially sent the husband inappropriate pictures and then driven an hour from his residence in the region to rape Gisèle Pelicot, after informing his wife he was leaving, the testimony revealed.

Pelicot, who was transported from segregation in prison to briefly testify at the appeal trial, told the court that Dogan had been aware his wife had been “sedated” and he told to men by phone: “I want someone to abuse my wife after I’ve rendered her unconscious without her consent.”

The courtroom became a focus point for a broader debate on rape culture in society as Dogan continued to say he was blameless and had not committed rape, arguing that because the victim's husband had invited him into the residence, his conduct had been justifiable.

The panel in the Nîmes appeals court was shown video evidence of the victim's unresponsive form, unconscious and breathing heavily in a deep sleep, while a smiling Dogan committed rape on several occasions over a duration of what police said was three and a half hours. The court official said she had been at risk of death by suffocation. The prosecution said there was no doubt that she had been unconscious and had not consented.

Defendant's Statements

Dogan told the court the footage were simply “sex scenes” and denied it was assault. He said what he did was “an intimate behavior”, not rape. He stated the court: “I did not commit rape.” He said the victim's husband had allowed him to the house, and therefore it was acceptable. He said he was deceived by Dominique Pelicot. “I tried to halt,” the accused informed the court. “I continued because he persuaded me.”

Inquired if he wanted to make a final statement to the court, Dogan said: “I did not intend to harm that individual.”

Survivor's Statement

The victim, who was applauded upon leaving court each day by supporters assembled to support her, said to the defendant in court: “You fail to comprehend. When will you admit you violated me? It is unlawful to rape an unconscious woman. When did I ever give you permission? At no time.”

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

Legal Commentary

The prosecutor, addressing the victim in court, said Dogan’s refusal to take accountability showed that: “Guilt has not shifted. The public is perhaps in the process of that, perhaps driven by the collective awareness spurred by the exposure of your situation.”

Sie said Dogan’s claims of non-guilt showed how normalized violence was still widespread in society as part of “archaic” forms of “patriarchal control”. He said: “It is imperative to change rape culture to a society based on agreement.”

The prosecutor said to the defendant: “As long as you deny it, it’s not just a woman, it’s an entire disturbing cultural framework that you are upholding.”

Defendant's Background

The accused was originated from the country of Turkey and at the age of 5 came to France, where his parent worked as a building manager. The testimony revealed that his father was violent and that the defendant began using drugs at the age of ten. When Dogan was 17 he was apprehended by police for selling narcotics and his parent forced him to leave of home. He was incarcerated in prison for drug dealing in his early 20s and had worked as a construction worker but had faced periods of being unhoused.

He was wed and had a child with a genetic condition, who he was the main caregiver for, as his wife worked in a institution's dining hall. The court heard his wife did not know he had regular extramarital activities outside their marriage. His defence said this was his method of dealing with his stressful life. Dogan had told a evaluator that each year he sought commercial sex on his birthday. His legal representatives stated to the court he had a medical condition caused by the stress of the original case.