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A man was convicted on appeal of raping Gisele Pelicot following she was sedated by her spouse – and received his prison sentence increased to ten years.

Higher Court Case

Husamettin Dogan, forty-four, an out-of-work construction worker, who had appealed his initial guilty verdict last year, underwent a new trial this week at the higher court in Nîmes.

A panel of four women and five men, joined by three judges, found Dogan guilty on Thursday of sexually assaulting the victim in her bedroom in southern France in the early hours of 29 June 2019.

The evidence showed that the accused, a family man, reached out to the victim's husband at the time, the husband, in an online chatroom named “without her knowledge”, where the husband was seeking men to enter his residence to assault his wife after he had sedated her into a unconscious state.

“We hope the panel will declare that in this country, fundamental rights are also rights of women – that consent is individual, not transferred,” said the victim's attorney, her legal representative. “Agreement is secured personally and not via a representative from a spouse.”

Context

Dominique Pelicot, a notorious sexual predators in France's contemporary records, was sentenced to 20 years in prison last year for sedating his wife at the time and bringing in multiple perpetrators to sexually assault her in her home in the community of the village of Mazan over a duration of nearly ten years of their marriage.

Numerous other individuals were found convicted in a notable trial last year, and the appellant was the single defendant to challenge his conviction. He was initially handed a term to 9 years in prison, a sentence increased on Thursday to ten years.

The state's attorney, the prosecutor, had stated he should serve twelve years, because he “completely denies to take any blame”.

Testimony and Proof

The defendant had first sent Dominique Pelicot inappropriate pictures and then driven an hour from his village in Provence to rape Gisèle Pelicot, after informing his wife he was going out, the evidence indicated.

Pelicot, who was brought from segregation in prison to briefly give evidence at the appeal trial, informed the court that the accused had understood his wife had been “incapacitated” and he said to men by phone: “I want someone to assault my wife after I’ve rendered her unconscious without her knowledge.”

The proceedings became a focus point for a broader debate on rape culture in society as the defendant continued to assert he was not guilty and had not perpetrated assault, arguing that because Gisèle Pelicot’s husband had welcomed him into the residence, his conduct had been permissible.

The jury in the higher court was presented with video evidence of the victim's unresponsive form, unconscious and snoring in a comatose state, while a smiling the perpetrator engaged in violation repeatedly over a period of what authorities reported was three and a half hours. The judge said she had been at risk of death by suffocation. The prosecution said there was no question that she had been unconscious and had not agreed.

Defendant's Statements

The defendant informed the court the footage were simply “sex scenes” and disputed it was violation. He said what he did was “a sexual act”, not rape. He told the court: “I never raped.” He said Gisèle Pelicot’s husband had allowed him to the home, and therefore it was acceptable. He said he was influenced by Dominique Pelicot. “I tried to halt,” Dogan told the court. “I proceeded because he persuaded me.”

Questioned if he wanted to make a final statement to the court, the defendant said: “I had no desire to injure that individual.”

Pelicot's Words

The survivor, who was applauded upon exiting the courtroom each day by crowds present to support her, addressed Dogan in court: “You do not grasp. When will you admit you assaulted me? It is unlawful to assault an incapacitated woman. At what point did I give you consent? Not once.”

The victim, seventy-two, became an global icon after she waived her right to confidentiality in the trial last year when she said: “Shame must change sides.”

Legal Commentary

The prosecutor, speaking to the victim in court, said Dogan’s refusal to take responsibility showed that: “Guilt has not shifted. The public is perhaps in the midst of that, perhaps propelled by the public consciousness spurred by the exposure of your case.”

Sie said the defendant's claims of blamelessness showed how normalized violence was still common in society as part of “archaic” forms of “gender-based power”. He said: “It is imperative to change the culture of violence to a culture of consent.”

Sie addressed the defendant: “While you deny it, it’s not just a woman, it’s an entire disturbing societal structure that you are endorsing.”

Biographical Details

The accused was originated from Turkey and at the age of 5 came to the nation of France, where his parent worked as a concierge. The evidence indicated that his parent was violent and that Dogan began using drugs aged ten. When Dogan was seventeen he was caught by police for dealing drugs and his parent evicted him the family house. He was incarcerated in prison for narcotics offenses in his twenties and had worked as a builder but had undergone periods of living on the streets.

He was married and had a child with a genetic condition, who he was the primary guardian for, as his wife worked in a institution's dining hall. The evidence showed his spouse did not know he had regular extramarital activities beyond their marriage. His defence said this was his method of dealing with his difficult circumstances. Dogan had stated to a mental health expert that each year he looked for transactional encounters on his special day. His lawyers informed the court he had arthritis triggered by the pressure of the original case.