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An individual was convicted on appeal of sexually assaulting Gisèle Pelicot following she was sedated by her husband – and was given his prison sentence increased to ten years.

Retrial Proceedings

Husamettin Dogan, forty-four, an unemployed builder, who had appealed his first conviction last year, underwent a new trial this week at the higher court in Nîmes.

A jury of four women and five men, sitting with three judges, convicted Dogan on Thursday of sexually assaulting the victim in her bedroom in the south of France in the morning of 29 June 2019.

The testimony revealed that Dogan, a married father, made contact with the victim's spouse, Dominique Pelicot, in an digital platform titled “unbeknownst to her”, where the husband was recruiting men to enter his residence to rape his wife after he had drugged her into a deep sleep.

We trust the panel will say loud and clear that in this nation, fundamental rights are also rights of women – that permission is individual, not delegated,” said the victim's lawyer, her legal representative. “Consent is obtained directly and not by proxy from a spouse.”

Context

Dominique Pelicot, among the most severe sexual predators in modern French history, was given a prison term to 20 years in prison last year for drugging his wife at the time and bringing in numerous individuals to sexually assault her in her home in the community of Mazan over a duration of many years of their union.

Numerous other individuals were found culpable in a notable trial last year, and Dogan was the single defendant to appeal against his sentence. He was initially sentenced to nine years in prison, a penalty increased on Thursday to 10 years.

The state's attorney, the prosecutor, had contended he should serve twelve years, because he “absolutely refuses to take any blame”.

Evidence Presented

The defendant had first sent the husband graphic images and then traveled an hour from his town in Provence to rape Gisèle Pelicot, after notifying his wife he was leaving, the testimony revealed.

The ex-husband, who was brought from isolation in prison to briefly give evidence at the hearing, told the court that Dogan had known his wife had been “drugged” and he communicated to men by phone: “I’m looking for someone to abuse my wife after I’ve put her to sleep without her knowledge.”

The courtroom became a central issue for a larger conversation on societal attitudes in society as the defendant continued to assert he was not guilty and had not engaged in violation, contending that because Gisèle Pelicot’s husband had welcomed him into the room, his actions had been acceptable.

The jury in the Nîmes appeals court was presented with visual proof of Gisèle Pelicot’s unconscious figure, comatose and snoring in a comatose state, while a smiling the perpetrator committed rape multiple times over a period of what authorities reported was several hours. The court official said she had been at peril of death by asphyxiation. The state prosecution said there was no doubt that she had been unaware and had not given permission.

Defendant's Statements

Dogan informed the court the recordings were simply “sex scenes” and rejected it was violation. He said what he did was “an intimate behavior”, not rape. He declared the court: “I did not commit rape.” He said the victim's husband had allowed him to the home, and therefore it was OK. He said he was influenced by the husband. “I tried to halt,” Dogan stated to the court. “I carried on because he convinced me.”

Inquired if he wanted to make a last words to the court, the defendant said: “I never wanted to hurt that individual.”

Pelicot's Words

Gisèle Pelicot, who was supported upon leaving court each day by supporters present to support her, told Dogan in court: “You haven’t understood. When will you admit you assaulted me? It’s a crime to assault an incapacitated woman. How could I have give you permission? At no time.”

The victim, 72, became an international feminist hero after she gave up her right to privacy in the trial last year when she said: “The shame should shift.”

State's Argument

Sie, speaking to Gisèle Pelicot in court, said the defendant's unwillingness to take accountability showed that: “Guilt has not shifted. The public is possibly in the process of that, perhaps driven by the collective awareness brought by the revelation of your situation.”

The prosecutor said Dogan’s claims of non-guilt showed how normalized violence was still widespread in society as part of “outdated” forms of “patriarchal control”. He said: “We need to change rape culture to a society based on agreement.”

The prosecutor told Dogan: “As long as you refuse to admit it, it’s not just a person, it’s an complete disturbing societal structure that you are supporting.”

Defendant's Background

The accused was originated from Turkey and at the age of five moved to the nation of France, where his father worked as a caretaker. The court heard that his parent was violent and that Dogan began smoking cannabis aged 10. When he was seventeen he was apprehended by police for drug trafficking and his father kicked him out the family house. He spent time in prison for narcotics offenses in his twenties and had worked as a construction worker but had undergone periods of living on the streets.

He was married and had a son with a genetic condition, who he was the primary guardian for, as his wife worked in a school canteen. The testimony revealed his wife did not know he had frequent sexual encounters beyond their union. His defence said this was his way of coping with his challenging existence. Dogan had told a court psychologist that once a year he looked for paid sex on his special day. His lawyers stated to the court he had joint inflammation resulting from the stress of the initial proceedings.