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A defendant was declared guilty on appeal of raping Gisele Pelicot following she was sedated by her then-husband – and has had his jail term raised to 10 years.

Higher Court Case

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

A jury of nine jurors, sitting with three judges, ruled against Dogan on Thursday of sexually assaulting Pelicot in her residence in Provence in the morning of June 29, 2019.

The testimony revealed that the accused, a married father, made contact with Gisèle Pelicot’s then husband, Dominique Pelicot, in an online chatroom named “without her consent”, where the husband was looking for men to visit his house to assault his wife after he had drugged her into a unconscious state.

We expect the jury will declare that in this country, fundamental rights are also rights of women – that agreement is personal, not given by another,” said the victim's attorney, her legal representative. “Agreement is received directly and not by proxy from a husband.”

Context

Dominique Pelicot, among the most severe sexual predators in France's contemporary records, was given a prison term to twenty years in prison last year for drugging his spouse and inviting dozens of men to sexually assault her in her home in the community of Mazan over a duration of many years of their marriage.

Fifty other men were found convicted in a high-profile trial last year, and the appellant was the only man to contest his verdict. He was initially sentenced to nine years in prison, a penalty increased on Thursday to 10 years.

The lead state prosecutor, the prosecutor, had argued he should serve 12 years, because he “completely denies to take any accountability”.

Evidence Presented

Dogan had initially sent the husband sexually explicit photos and then traveled an hour from his town in Provence to rape Gisèle Pelicot, after informing his wife he was leaving, the evidence indicated.

The ex-husband, who was brought from solitary confinement in prison to temporarily give evidence at the retrial, informed the court that the accused had known his wife had been “incapacitated” and he told to men by phone: “I seek someone to violate my wife after I’ve put her to sleep unbeknownst to her.”

The proceedings became a key topic for a wider discussion on societal attitudes in society as Dogan continued to claim he was not guilty and had not engaged in violation, stating that because Gisèle Pelicot’s husband had allowed him into the room, his actions had been acceptable.

The jury in the Nîmes appeals court was presented with video evidence of Gisèle Pelicot’s unresponsive form, comatose and breathing heavily in a deep sleep, while a grinning Dogan engaged in violation repeatedly over a duration of what police said was several hours. The presiding judge said she had been at peril of fatal outcome by asphyxiation. The state prosecution said there was no question that she had been unconscious and had not agreed.

Accused's Testimony

Dogan stated to the court the videos were simply “intimate moments” and disputed it was assault. He said what he did was “an intimate behavior”, not rape. He declared the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had brought him to the home, and therefore it was permissible. He said he was influenced by the husband. “I attempted to cease,” Dogan told the court. “I carried on because he persuaded me.”

Asked if he wanted to make a final statement to the court, Dogan said: “I never wanted to hurt that woman.”

Victim's Response

Gisèle Pelicot, who was cheered upon departing the trial each day by supporters gathered to back her, said to the defendant in court: “You do not grasp. When will you acknowledge you violated me? It’s a crime to assault an unaware woman. When did I ever give you agreement? At no time.”

The victim, 72, became an global icon after she gave up her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

Sie, speaking to Gisèle Pelicot in court, said Dogan’s unwillingness to take responsibility showed that: “Guilt has not shifted. The public is maybe in the midst of that, maybe driven by the societal understanding brought by the revelation of your situation.”

The prosecutor said Dogan’s claims of non-guilt showed how normalized violence was still common in society as part of “archaic” forms of “patriarchal control”. He said: “It is imperative to change rape culture to a ethos of permission.”

Sie said to Dogan: “While you deny it, it’s not just a person, it’s an complete sordid social system that you are supporting.”

Biographical Details

Dogan 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 aggressive and that the defendant began consuming marijuana aged 10. When he was seventeen he was caught by authorities for drug trafficking and his father forced him to leave of home. He served time in prison for narcotics offenses in his twenties and had worked as a construction worker but had faced periods of living on the streets.

He was wed and had a son with a genetic condition, who he was the principal carer for, as his wife worked in a school canteen. The evidence showed his wife did not know he had repeated extramarital activities beyond their union. His legal team said this was his way of coping with his difficult circumstances. Dogan had stated to a mental health expert that each year he looked for transactional encounters on his special day. His attorneys told the court he had a medical condition caused by the stress of the first trial.