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A defendant was declared guilty on higher court review of sexually assaulting Gisele Pelicot after she was sedated by her husband – and has had his prison sentence raised to a decade.

Higher Court Case

Husamettin Dogan, 44, an out-of-work construction worker, who had appealed his first conviction last year, faced a retrial this week at the higher court in Nîmes.

A jury of nine jurors, joined by three judges, ruled against Dogan on Thursday of raping Pelicot in her home in southern France in the early hours of 29 June 2019.

The court heard that Dogan, a family man, connected with Gisèle Pelicot’s spouse, Dominique Pelicot, in an online chatroom named “without her knowledge”, where Pelicot was recruiting men to enter his residence to rape his wife after he had drugged her into a unconscious state.

“We hope the court will affirm that in this society, fundamental rights are also rights of women – that agreement is individual, not delegated,” said Gisèle Pelicot’s attorney, her legal representative. “Consent is obtained personally and not by proxy from a spouse.”

Context

The husband, a notorious sexual predators in France's contemporary records, was handed a sentence to two decades in prison last year for incapacitating his then wife and soliciting numerous individuals to rape her in her home in the community of Mazan over a duration of many years of their union.

Dozens of additional defendants were found culpable in a notable trial last year, and Dogan was the single defendant to appeal against his conviction. He was first sentenced to 9 years in prison, a penalty raised on Thursday to ten years.

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

Evidence Presented

Dogan had initially sent Dominique Pelicot graphic images and then driven an hour from his town in Provence to assault Gisèle Pelicot, after telling his wife he was going out, the testimony revealed.

The ex-husband, who was brought from solitary confinement in prison to temporarily testify at the retrial, told the court that the accused had understood his wife had been “sedated” and he said to men by phone: “I’m looking for someone to assault my wife after I’ve put her to sleep without her consent.”

The proceedings became a key topic for a wider discussion on sexual violence norms in society as the defendant continued to claim he was innocent and had not perpetrated assault, contending that because the victim's husband had welcomed him into the residence, his actions had been justifiable.

The jury in the Nîmes appeals court was shown video evidence of the victim's unconscious figure, comatose and breathing heavily in a deep sleep, while a smiling the perpetrator performed assault on several occasions over a duration of what authorities reported was 3.5 hours. The judge said she had been at risk of death by suffocation. The prosecution said there was no question that she had been unconscious and had not consented.

Accused's Testimony

Dogan told the court the footage were simply “sex scenes” and rejected it was violation. He said what he did was “a consensual activity”, not assault. He stated the court: “I never raped.” He said Gisèle Pelicot’s husband had allowed him to the home, and therefore it was OK. He said he was influenced by Dominique Pelicot. “I attempted to cease,” Dogan informed the court. “I continued because he convinced me.”

Inquired if he wanted to make a closing remarks to the court, the defendant said: “I never wanted to injure that woman.”

Survivor's Statement

Gisèle Pelicot, who was cheered upon departing the trial each day by onlookers gathered to support her, addressed Dogan in court: “You haven’t understood. When will you acknowledge you violated me? It is unlawful to assault an unaware woman. At what point did I give you agreement? At no time.”

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

State's Argument

The prosecutor, addressing Gisèle Pelicot in court, said Dogan’s unwillingness to take accountability showed that: “The shame remains. The public is possibly in the course of that, maybe driven by the collective awareness brought by the exposure of your situation.”

Sie said Dogan’s claims of blamelessness showed how rape culture was still common in society as part of “old-fashioned” forms of “patriarchal control”. He said: “It is imperative to change rape culture to a culture of consent.”

Sie said to Dogan: “While you refuse to admit it, it’s not just a individual, it’s an complete disturbing cultural framework that you are endorsing.”

Personal History

The accused was born in Turkey and at the age of 5 came to France, where his parent worked as a concierge. The evidence indicated that his father was violent and that Dogan began consuming marijuana aged 10. When he was seventeen he was stopped by authorities for selling narcotics and his parent forced him to leave the family house. He served time in prison for drug dealing in his twenties and had worked as a laborer but had faced periods of homelessness.

He was wed and had a son with Down’s syndrome, who he was the main caregiver for, as his spouse worked in a educational cafeteria. The evidence showed his wife did not know he had regular sexual encounters beyond their union. His defence said this was his way of coping with his challenging existence. Dogan had stated to a court psychologist that annually he sought transactional encounters on his birthday. His legal representatives stated to the court he had a medical condition caused by the stress of the initial proceedings.