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A man has been found guilty on appeal of sexually assaulting Gisele Pelicot after she was drugged unconscious by her husband – and received his jail term raised to a decade.

Appeal Trial

Husamettin Dogan, forty-four, an unemployed builder, who had appealed his first conviction last year, experienced a retrial this week at the higher court in Nîmes.

A jury of five men and four women, sitting with 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 court heard that Dogan, a married father, connected with Gisèle Pelicot’s then husband, Dominique Pelicot, in an digital platform called “without her knowledge”, where the husband was recruiting men to come to his home to assault his wife after he had sedated her into a deep sleep.

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,” declared the victim's attorney, her legal representative. “Consent is secured personally and not through someone else from a spouse.”

Context

Dominique Pelicot, one of the worst sexual predators in recent French history, was sentenced to 20 years in prison last year for drugging his wife at the time and inviting numerous individuals to rape her in her home in the town of Mazan over a period of many years of their marriage.

Numerous other individuals were found culpable in a high-profile trial last year, and the appellant was the only man to appeal against his sentence. He was initially sentenced to 9 years in prison, a punishment enhanced on Thursday to a decade.

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

Courtroom Details

Dogan had first sent the husband sexually explicit photos and then traveled an hour from his residence in the region to rape Gisèle Pelicot, after notifying his wife he was leaving, the testimony revealed.

The ex-husband, who was brought from isolation in prison to briefly provide testimony at the hearing, stated to the court that Dogan had understood his wife had been “drugged” and he told to men by phone: “I want someone to abuse my wife after I’ve rendered her unconscious without her consent.”

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

The panel in the higher court was presented with video evidence of Gisèle Pelicot’s limp body, sedated and breathing heavily in a comatose state, while a grinning the perpetrator committed rape on several occasions over a timeframe of what authorities reported was several hours. The presiding judge said she had been at danger of fatal outcome by suffocation. The prosecution said there was no doubt that she had been unaware and had not consented.

Accused's Testimony

The defendant stated to the court the recordings were simply “sex scenes” and denied it was rape. He said what he did was “a sexual act”, not assault. He told the court: “I did not commit rape.” He said the victim's husband had allowed him to the home, and therefore it was acceptable. He said he was manipulated by the husband. “I attempted to cease,” the accused informed the court. “I continued because he convinced me.”

Questioned if he wanted to make a closing remarks to the court, Dogan said: “I had no desire to injure that individual.”

Pelicot's Words

Gisèle Pelicot, who was cheered upon exiting the courtroom each day by onlookers present to stand with her, said to the defendant in court: “You do not grasp. When will you acknowledge you raped me? It is unlawful to assault an incapacitated woman. How could I have give you agreement? Never.”

Gisèle Pelicot, 72, became an global icon after she waived her right to anonymity in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

Sie, addressing the victim in court, said the defendant's failure to take accountability showed that: “Shame has not yet changed sides. The community is maybe in the process of that, possibly motivated by the societal understanding brought by the publication of your situation.”

The prosecutor said the defendant's claims of innocence showed how rape culture was still prevalent in society as part of “old-fashioned” forms of “male domination”. He said: “We need to change the culture of violence to a culture of consent.”

The prosecutor said to Dogan: “While you refuse to admit it, it’s not just a person, it’s an entire unpleasant social system that you are upholding.”

Biographical Details

The accused was originated from Turkey and at the age of 5 relocated to the nation of France, where his father worked as a building manager. The testimony revealed that his parent was violent and that the defendant began smoking cannabis aged ten. When he was seventeen he was stopped by police for drug trafficking and his father forced him to leave of home. 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 special needs, who he was the principal carer for, as his wife worked in a institution's dining hall. The evidence showed his wife did not know he had frequent sexual encounters outside their marriage. His defence said this was his way of coping with his stressful life. The defendant had stated to a mental health expert that annually he sought transactional encounters on his special day. His lawyers told the court he had a medical condition caused by the pressure of the initial proceedings.