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A defendant was convicted on higher court review of sexually assaulting Gisele Pelicot following she was sedated by her spouse – and received his prison sentence extended to ten years.

Appeal Trial

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

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

The testimony revealed that Dogan, a family man, reached out to Gisèle Pelicot’s then husband, the husband, in an online chatroom called “unbeknownst to her”, where Pelicot was seeking men to enter his residence to assault his wife once he had sedated her into a deep sleep.

“We hope the panel will say loud and clear that in this country, fundamental rights are also rights of women – that permission is individual, not transferred,” stated Gisèle Pelicot’s lawyer, her legal representative. “Agreement is obtained directly and not via a representative from a spouse.”

Context

The ex-husband, one of the worst sexual predators in recent French history, was sentenced to two decades in prison last year for sedating his wife at the time and bringing in 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 guilty in a notable trial last year, and the appellant was the sole individual to appeal against his verdict. He was first sentenced to 9 years in prison, a sentence enhanced on Thursday to 10 years.

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

Courtroom Details

The defendant had initially sent Dominique Pelicot inappropriate pictures and then traveled an hour from his town in Provence to rape Gisèle Pelicot, after informing his wife he was stepping out, the testimony revealed.

Pelicot, who was transported from segregation in prison to temporarily give evidence at the hearing, stated to the court that Dogan had been aware his wife had been “sedated” and he told to men by phone: “I seek someone to abuse my wife after I’ve sedated her without her consent.”

The proceedings became a key topic for a wider discussion on rape culture in society as the defendant continued to assert he was not guilty and had not perpetrated assault, arguing that because the victim's husband had invited him into the residence, his actions had been acceptable.

The panel in the Nîmes appeals court was presented with video evidence of the victim's limp body, unconscious and snoring in a unconscious condition, while a smiling Dogan performed assault multiple times over a timeframe of what investigators stated was several hours. The judge said she had been at risk of fatal outcome by suffocation. The state's case said there was no question that she had been unaware and had not agreed.

Dogan's Claims

Dogan stated to the court the footage were simply “intimate moments” and denied it was rape. He said what he did was “a consensual activity”, not assault. He declared the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had invited him to the residence, and therefore it was acceptable. He said he was manipulated by the husband. “I wanted to stop,” the accused stated to the court. “I continued because he reassured me.”

Questioned if he wanted to make a last words to the court, the defendant said: “I did not intend to harm that woman.”

Victim's Response

The survivor, who was cheered upon leaving court each day by onlookers gathered to support her, told the defendant in court: “You haven’t understood. When will you acknowledge you violated me? It is illegal to assault an incapacitated woman. At what point did I give you consent? Not once.”

The victim, 72, became an international feminist hero after she waived her right to privacy in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

Sie, addressing Gisèle Pelicot in court, said the defendant's failure to take blame showed that: “Shame has not yet changed sides. Society is maybe in the midst of that, possibly driven by the public consciousness brought by the publication of your case.”

The prosecutor said Dogan’s claims of innocence showed how societal tolerance was still common in society as part of “outdated” forms of “male domination”. He said: “Now we must change the culture of violence to a culture of consent.”

The prosecutor said to the defendant: “While you deny it, it’s not just a individual, it’s an complete disturbing societal structure that you are endorsing.”

Personal History

The accused was originated from Turkey and at the age of 5 relocated to France, where his father worked as a caretaker. The court heard that his father was abusive and that the defendant began smoking cannabis at the age of 10. When he was 17 he was stopped by authorities for dealing drugs and his father kicked him out the residence. He was incarcerated in prison for drug dealing in his early 20s and had worked as a laborer but had experienced 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 educational cafeteria. The evidence showed his spouse did not know he had frequent sexual encounters beyond their union. His legal team said this was his strategy for managing with his challenging existence. The defendant had told a mental health expert that once a year he sought commercial sex on his special day. His lawyers informed the court he had a medical condition caused by the stress of the initial proceedings.