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An individual was convicted on retrial of sexually assaulting Gisèle Pelicot after she was drugged unconscious by her spouse – and has had his jail term raised to 10 years.

Higher Court Case

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 higher court in Nîmes.

A jury of four women and five men, sitting with three judges, found Dogan guilty on Thursday of raping the victim in her residence in Provence in the morning of 29 June 2019.

The court heard that the accused, a family man, connected with Gisèle Pelicot’s spouse, Dominique Pelicot, in an internet forum named “without her knowledge”, where the husband was looking for men to enter his residence to assault his wife after he had drugged her into a deep sleep.

“We hope the panel will declare that in this nation, human rights are also women’s rights – that agreement is personal, not transferred,” stated Gisèle Pelicot’s lawyer, her legal representative. “Consent is secured personally and not through someone else from a spouse.”

Case History

The ex-husband, one of the worst sex offenders in France's contemporary records, was sentenced to 20 years in prison last year for incapacitating his then wife and inviting multiple perpetrators to rape her in her home in the Provence village of the village of Mazan over a span of almost a decade of their union.

Numerous other individuals were found culpable in a widely publicized trial last year, and Dogan was the single defendant to contest his verdict. He was originally handed a term to nine years in prison, a sentence enhanced on Thursday to ten years.

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

Testimony and Proof

The defendant had first sent the husband inappropriate pictures and then traveled an hour from his village in the region to rape Gisèle Pelicot, after telling his wife he was leaving, the testimony revealed.

The ex-husband, who was brought from solitary confinement in prison to briefly testify at the appeal trial, stated to the court that Dogan had known his wife had been “drugged” and he communicated to men by phone: “I’m looking for someone to violate my wife after I’ve put her to sleep without her knowledge.”

The courtroom became a central issue for a broader debate on societal attitudes in society as Dogan continued to claim he was not guilty and had not committed rape, arguing that because the victim's husband had allowed him into the residence, his behavior had been acceptable.

The jury in the Nîmes appeals court was shown recorded footage of the victim's unresponsive form, unconscious and snoring in a unconscious condition, while a smiling the perpetrator performed assault on several occasions over a timeframe of what investigators stated was 3.5 hours. The judge said she had been at danger of death by asphyxiation. The state prosecution said there was no question that she had been unaware and had not agreed.

Defendant's Statements

Dogan told the court the recordings were simply “sex scenes” and denied it was violation. He said what he did was “a consensual activity”, not rape. He told the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had allowed 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 carried on because he persuaded me.”

Questioned if he wanted to make a last words to the court, Dogan said: “I had no desire to hurt that lady.”

Victim's Response

The survivor, who was cheered upon exiting the courtroom each day by onlookers gathered to back her, told Dogan in court: “You fail to comprehend. When will you acknowledge you assaulted me? It’s a crime to rape an unconscious woman. How could I have give you permission? Never.”

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

State's Argument

Sie, speaking to the victim in court, said Dogan’s refusal to take blame showed that: “Shame has not yet changed sides. The public is possibly in the midst of that, maybe driven by the societal understanding spurred by the revelation of your case.”

Sie said Dogan’s claims of blamelessness showed how normalized violence was still common in society as part of “archaic” forms of “gender-based power”. He said: “Now we must change the culture of violence to a ethos of permission.”

The prosecutor told Dogan: “For as much as you reject it, it’s not just a person, it’s an complete sordid social system that you are upholding.”

Defendant's Background

Dogan was originated from Turkey and at the age of 5 relocated to France, where his parent worked as a building manager. The court heard that his father was aggressive and that the defendant began using drugs aged ten. When Dogan was 17 he was stopped by police for selling narcotics and his parent kicked him out of home. He was incarcerated in prison for narcotics offenses in his young adulthood and had worked as a laborer but had undergone periods of being unhoused.

He was married and had a child with special needs, who he was the main caregiver for, as his spouse worked in a educational cafeteria. The testimony revealed his spouse did not know he had regular intimate relations beyond their union. His defence said this was his way of coping with his challenging existence. The defendant had stated to a evaluator that once a year he looked for transactional encounters on his birthday. His attorneys stated to the court he had a medical condition resulting from the anxiety of the initial proceedings.