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A man was declared guilty on appeal of sexually assaulting Gisele Pelicot after she was sedated by her husband – and has had his jail term extended to a decade.

Higher Court Case

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

A panel of nine jurors, accompanied by three judges, convicted Dogan 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 Gisèle Pelicot’s then husband, the husband, in an internet forum titled “unbeknownst to her”, where Pelicot was looking for men to visit his house to rape his wife after he had drugged her into a unconscious state.

We expect the panel will say loud and clear that in this nation, fundamental rights are also women’s rights – that permission is personal, not delegated,” declared the victim's lawyer, her legal representative. “Permission is obtained directly and not through someone else from a spouse.”

Context

Dominique Pelicot, a notorious sex offenders in modern French history, was sentenced to 20 years in prison last year for drugging his then wife and inviting multiple perpetrators to rape her in her home in the Provence village of Mazan over a span of almost a decade of their marriage.

Numerous other individuals were found guilty in a high-profile trial last year, and the appellant was the single defendant to appeal against his verdict. He was initially given a sentence to 9 years in prison, a punishment increased on Thursday to 10 years.

The state's attorney, Dominique Sie, had stated he should serve 12 years, because he “stubbornly rejects to take any accountability”.

Courtroom Details

The defendant had initially sent Dominique Pelicot sexually explicit photos and then driven an hour from his town in the region to assault Gisèle Pelicot, after notifying his wife he was stepping out, the evidence indicated.

Pelicot, who was brought from solitary confinement in prison to briefly provide testimony at the hearing, told the court that Dogan had known his wife had been “drugged” and he told to men by phone: “I seek someone to violate my wife after I’ve sedated her without her consent.”

The courtroom became a key topic for a broader debate on sexual violence norms in society as Dogan continued to assert he was blameless and had not engaged in violation, stating that because the victim's husband had welcomed him into the room, his behavior had been justifiable.

The panel in the higher court was shown recorded footage of Gisèle Pelicot’s limp body, unconscious and breathing heavily in a deep sleep, while a grinning the perpetrator engaged in violation multiple times over a period of what police said was several hours. The judge said she had been at danger of death by suffocation. The state's case said there was no question that she had been incapacitated and had not agreed.

Defendant's Statements

Dogan told the court the videos were simply “sexual encounters” and denied it was violation. He said what he did was “a sexual act”, not assault. He stated the court: “I never raped.” He said the victim's husband had allowed him to the residence, and therefore it was permissible. He said he was deceived by Dominique Pelicot. “I attempted to cease,” Dogan told the court. “I proceeded because he persuaded me.”

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

Victim's Response

The survivor, who was applauded upon departing the trial each day by supporters gathered to support her, said to Dogan in court: “You fail to comprehend. When will you acknowledge you violated me? It’s a crime to rape an unconscious woman. When did I ever give you consent? At no time.”

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

State's Argument

Sie, speaking to Gisèle Pelicot in court, said the defendant's unwillingness to take accountability showed that: “The shame remains. The public is perhaps in the midst of that, possibly motivated by the societal understanding resulting from the exposure of your ordeal.”

The prosecutor said Dogan’s claims of blamelessness showed how rape culture was still widespread in society as part of “old-fashioned” forms of “male domination”. He said: “It is imperative to change the culture of violence to a society based on agreement.”

Sie told Dogan: “As long as you deny it, it’s not just a woman, it’s an entire disturbing societal structure that you are endorsing.”

Defendant's Background

Dogan was originated from Turkey and at the age of 5 came to the nation of France, where his father worked as a caretaker. The evidence indicated that his parent was aggressive and that Dogan began using drugs aged 10. When he was seventeen he was stopped by police for dealing drugs and his father evicted him of home. He was incarcerated in prison for narcotics offenses in his early 20s and had worked as a construction worker but had undergone periods of living on the streets.

He was married and had a child with special needs, who he was the primary guardian for, as his spouse worked in a school canteen. The testimony revealed his wife did not know he had frequent extramarital activities beyond their marriage. His defence said this was his method of dealing with his challenging existence. Dogan had stated to a mental health expert that annually he looked for paid sex on his birthday. His attorneys informed the court he had a medical condition resulting from the anxiety of the original case.