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A defendant was convicted on appeal of sexually assaulting Gisèle Pelicot after she was sedated by her husband – and was given his jail term raised to ten years.

Retrial Proceedings

Husamettin Dogan, 44, an unemployed builder, who had contested his first conviction last year, experienced a appeal hearing this week at the appeals court in Nîmes.

A jury of four women and five men, sitting with three judges, ruled against Dogan on Thursday of raping Pelicot in her bedroom in Provence in the early hours of 29 June 2019.

The court heard that the accused, a family man, made contact with Gisèle Pelicot’s then husband, Dominique Pelicot, in an digital platform titled “without her consent”, where the husband was recruiting men to visit his house to rape his wife after he had rendered her unconscious into a unconscious state.

We trust the panel will affirm that in this society, human rights are also women’s rights – that consent is personal, not given by another,” declared Gisèle Pelicot’s lawyer, Antoine Camus. “Permission is obtained personally and not via a representative from a husband.”

Background

The ex-husband, a notorious sex offenders in modern French history, was handed a sentence to 20 years in prison last year for incapacitating 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 marriage.

Dozens of additional defendants were found guilty in a high-profile trial last year, and the appellant was the single defendant to contest his conviction. He was originally given a sentence to nine years in prison, a penalty increased on Thursday to ten years.

The lead state prosecutor, Dominique Sie, had contended he should serve 12 years, because he “stubbornly rejects to take any responsibility”.

Evidence Presented

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

Pelicot, who was brought from isolation in prison to briefly provide testimony at the appeal trial, informed the court that the accused had understood his wife had been “sedated” and he communicated to men by phone: “I seek someone to abuse my wife after I’ve sedated her without her knowledge.”

The proceedings became a key topic for a larger conversation on societal attitudes in society as the defendant continued to say he was not guilty and had not committed rape, arguing that because Gisèle Pelicot’s husband had invited him into the room, his conduct had been permissible.

The jury in the Nîmes appeals court was shown visual proof of the victim's limp body, unconscious and snoring in a deep sleep, while a smiling Dogan performed assault multiple times over a timeframe of what authorities reported was several hours. The judge said she had been at danger of fatal outcome by choking. The prosecution said there was no question that she had been unaware and had not given permission.

Dogan's Claims

The defendant told the court the footage were simply “sexual encounters” and disputed it was violation. He said what he did was “a sexual act”, not rape. He stated the court: “I am innocent of assault.” He said the victim's husband had invited him to the house, and therefore it was permissible. He said he was manipulated by Dominique Pelicot. “I wanted to stop,” the accused informed the court. “I continued because he convinced me.”

Inquired if he wanted to make a final statement to the court, Dogan said: “I never wanted to injure that lady.”

Survivor's Statement

Gisèle Pelicot, who was applauded upon leaving court each day by crowds present to back her, said to the defendant in court: “You haven’t understood. When will you admit you raped me? It’s a crime to assault an unaware woman. At what point did I give you agreement? Never.”

The victim, seventy-two, became an global icon after she gave up her right to confidentiality in the trial last year when she said: “The shame should shift.”

State's Argument

The prosecutor, addressing the victim in court, said the defendant's refusal to take accountability showed that: “Shame has not yet changed sides. Society is maybe in the midst of that, possibly driven by the collective awareness spurred by the revelation of your ordeal.”

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

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

Personal History

Dogan was originated from Turkey and at the age of five relocated to France, where his father worked as a concierge. The court heard that his parent was aggressive and that Dogan began consuming marijuana aged 10. When Dogan was 17 he was stopped by police for selling narcotics and his parent forced him to leave the family house. He served time in prison for drug dealing in his young adulthood and had worked as a laborer but had experienced periods of living on the streets.

He was wed and had a child with special needs, who he was the main caregiver for, as his wife worked in a educational cafeteria. The court heard his wife did not know he had frequent extramarital activities outside their union. His legal team said this was his method of dealing with his difficult circumstances. The defendant had informed a evaluator that once a year he looked for commercial sex on his birthday. His legal representatives told the court he had a medical condition caused by the pressure of the initial proceedings.