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An individual was convicted on higher court review of sexually assaulting Gisèle Pelicot after she was drugged unconscious by her spouse – and was given his incarceration period raised to 10 years.

Higher Court Case

Husamettin Dogan, forty-four, an out-of-work construction worker, who had challenged his first conviction last year, faced a new trial this week at the appeals court in Nîmes.

A panel of nine jurors, sitting with three judges, convicted Dogan on Thursday of raping Pelicot in her bedroom in the south of France in the morning of 29 June 2019.

The evidence showed that the accused, a family man, made contact with the victim's husband at the time, Dominique Pelicot, in an digital platform named “without her consent”, where the husband was recruiting men to visit his house to rape his wife once he had sedated her into a deep sleep.

We trust the panel will affirm that in this country, human rights are also rights of women – that consent is personal, not transferred,” said Gisèle Pelicot’s lawyer, Antoine Camus. “Consent is received directly and not by proxy from a husband.”

Context

The husband, among the most severe sex offenders in recent French history, was sentenced to twenty years in prison last year for drugging his then wife and inviting multiple perpetrators to sexually assault her in her home in the community of Mazan over a span of almost a decade of their marriage.

Dozens of additional defendants were found culpable in a widely publicized trial last year, and the appellant was the sole individual to challenge his verdict. He was originally sentenced to 9 years in prison, a penalty enhanced on Thursday to a decade.

The lead state prosecutor, the prosecutor, had argued he should serve twelve years, because he “stubbornly rejects to take any blame”.

Testimony and Proof

The defendant had first sent Dominique Pelicot graphic images 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.

Pelicot, who was transported from solitary confinement in prison to temporarily provide testimony at the retrial, informed the court that the accused had been aware his wife had been “incapacitated” and he communicated to men by phone: “I want someone to abuse my wife after I’ve put her to sleep unbeknownst to her.”

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, stating that because Gisèle Pelicot’s husband had invited him into the bedroom, his actions had been permissible.

The panel in the Nîmes appeals court was presented with visual proof of Gisèle Pelicot’s unconscious figure, comatose and snoring in a comatose state, while a grinning the perpetrator performed assault multiple times over a timeframe of what police said was several hours. The judge said she had been at peril of death by choking. The state prosecution said there was absolute certainty that she had been unaware and had not agreed.

Defendant's Statements

Dogan told the court the videos were simply “intimate moments” and disputed it was assault. He said what he did was “an intimate behavior”, not assault. He stated the court: “I never raped.” He said Gisèle Pelicot’s husband had brought him to the home, and therefore it was permissible. He said he was influenced by Dominique Pelicot. “I wanted to stop,” Dogan stated to the court. “I proceeded because he convinced me.”

Questioned if he wanted to make a final statement to the court, Dogan said: “I did not intend to injure that individual.”

Victim's Response

The survivor, who was applauded upon departing the trial each day by supporters present to back her, told Dogan in court: “You haven’t understood. When are you going to recognise you raped me? It’s a crime to assault an unconscious woman. How could I have give you permission? At no time.”

The victim, seventy-two, became an symbol of resistance after she relinquished her right to confidentiality in the trial last year when she said: “The shame should shift.”

Prosecutor's Remarks

Sie, addressing Gisèle Pelicot in court, said Dogan’s failure to take responsibility showed that: “The shame remains. The public is possibly in the midst of that, perhaps driven by the public consciousness resulting from the revelation of your case.”

Sie said the defendant's claims of non-guilt showed how normalized violence was still prevalent in society as part of “outdated” forms of “male domination”. He said: “Now we must change the culture of violence to a society based on agreement.”

The prosecutor told Dogan: “While you refuse to admit it, it’s not just a individual, it’s an complete unpleasant cultural framework that you are endorsing.”

Defendant's Background

The accused was born in the country of Turkey and at the age of five moved to France, where his parent worked as a concierge. The evidence indicated that his parent was abusive and that Dogan began consuming marijuana at the age of 10. When he was 17 he was stopped by police for dealing drugs and his father evicted him the family house. He was incarcerated in prison for trafficking in his early 20s and had worked as a construction worker but had experienced periods of being unhoused.

He was wed and had a son with special needs, who he was the main caregiver for, as his wife worked in a school canteen. The testimony revealed his spouse did not know he had repeated sexual encounters outside their union. His legal team said this was his method of dealing with his challenging existence. Dogan had stated to a mental health expert that once a year he engaged in transactional encounters on his special day. His lawyers told the court he had arthritis triggered by the pressure of the initial proceedings.