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A defendant has been found guilty on higher court review of sexually assaulting Gisèle Pelicot following she was sedated by her then-husband – and received his incarceration period increased to a decade.

Retrial Proceedings

Husamettin Dogan, 44, an out-of-work construction worker, who had contested his initial guilty verdict last year, underwent a retrial this week at the Nîmes court of appeal.

A jury of four women and five men, accompanied by three judges, convicted Dogan on Thursday of raping the victim in her bedroom in southern France in the morning of June 29, 2019.

The testimony revealed that Dogan, a family man, reached out to Gisèle Pelicot’s spouse, the husband, in an online chatroom titled “without her knowledge”, where Pelicot was looking for men to come to his home to assault his wife after he had sedated her into a comatose state.

We trust the court will declare that in this society, fundamental rights are also women’s rights – that permission is personal, not delegated,” declared the victim's attorney, her legal representative. “Permission is obtained directly and not via a representative from a husband.”

Background

The ex-husband, among the most severe sexual predators in recent French history, was handed a sentence to 20 years in prison last year for sedating his wife at the time and bringing in dozens of men to rape her in her home in the community of the village of Mazan over a period of almost a decade of their marriage.

Numerous other individuals were found guilty in a notable trial last year, and Dogan was the sole individual to challenge his verdict. He was first sentenced to nine years in prison, a punishment enhanced on Thursday to a decade.

The chief prosecutor, the prosecutor, had stated he should serve twelve years, because he “stubbornly rejects to take any responsibility”.

Courtroom Details

Dogan had initially sent the husband graphic images and then driven an hour from his residence in Provence to assault Gisèle Pelicot, after notifying his wife he was stepping out, the evidence indicated.

Pelicot, who was transported from solitary confinement in prison to briefly provide testimony at the hearing, informed the court that Dogan had known his wife had been “incapacitated” and he said to men by phone: “I’m looking for someone to abuse 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 the defendant continued to assert he was blameless and had not perpetrated assault, contending that because the victim's husband had invited him into the room, his actions had been justifiable.

The jury in the higher court was presented with visual proof of the victim's unconscious figure, comatose and snoring in a deep sleep, while a grinning Dogan engaged in violation on several occasions over a timeframe of what police said was 3.5 hours. The judge said she had been at danger of death by asphyxiation. The prosecution said there was no doubt that she had been unaware and had not consented.

Defendant's Statements

Dogan informed the court the videos were simply “intimate moments” and disputed it was violation. He said what he did was “a consensual activity”, not rape. He declared the court: “I never raped.” He said the victim's husband had invited him to the home, and therefore it was acceptable. He said he was deceived by Dominique Pelicot. “I tried to halt,” Dogan told the court. “I proceeded because he convinced me.”

Asked if he wanted to make a closing remarks to the court, Dogan said: “I never wanted to harm that woman.”

Survivor's Statement

Gisèle Pelicot, who was supported upon departing the trial each day by supporters present to support her, said to the defendant in court: “You do not grasp. When will you acknowledge you raped me? It is illegal to rape an incapacitated woman. When did I ever give you agreement? At no time.”

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

Prosecutor's Remarks

The prosecutor, turning to Gisèle Pelicot in court, said the defendant's unwillingness to take responsibility showed that: “The shame remains. The community is possibly in the process of that, maybe propelled by the societal understanding spurred by the revelation of your case.”

Sie said the defendant's claims of innocence showed how rape culture was still widespread in society as part of “old-fashioned” forms of “male domination”. He said: “We need to change rape culture to a society based on agreement.”

Sie told Dogan: “As long as you deny it, it’s not just a person, it’s an whole unpleasant social system that you are endorsing.”

Personal History

Dogan was originated from Turkey and at the age of 5 moved to France, where his father worked as a caretaker. The testimony revealed that his parent was violent and that the defendant began consuming marijuana at the age of 10. When Dogan was 17 he was stopped by authorities for selling narcotics and his parent forced him to leave of home. He spent time in prison for trafficking in his young adulthood and had worked as a laborer but had faced periods of homelessness.

He was wed and had a son with a genetic condition, who he was the main caregiver for, as his spouse worked in a institution's dining hall. The evidence showed his spouse did not know he had regular sexual encounters outside their union. His defence said this was his method of dealing with his stressful life. Dogan had informed a court psychologist that once a year he looked for paid sex on his birthday. His legal representatives told the court he had arthritis triggered by the pressure of the initial proceedings.