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A defendant was convicted on appeal of sexually assaulting Gisele Pelicot after she was drugged unconscious by her spouse – and has had his incarceration period raised to a decade.

Higher Court Case

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

A panel of four women and five men, sitting with three judges, ruled against Dogan on Thursday of sexually assaulting Pelicot in her residence in the south of France in the morning of 29 June 2019.

The evidence showed that the accused, a married father, reached out to Gisèle Pelicot’s then husband, Dominique Pelicot, in an online chatroom called “without her consent”, where the husband was seeking men to enter his residence to rape his wife once he had rendered her unconscious into a deep sleep.

We expect the court will say loud and clear that in this country, human rights are also women’s rights – that permission is individual, not transferred,” stated Gisèle Pelicot’s attorney, Antoine Camus. “Consent is received directly and not by proxy from a spouse.”

Case History

The husband, one of the worst sex offenders in modern French history, was handed a sentence to 20 years in prison last year for sedating his spouse and inviting numerous individuals to rape her in her home in the community of Mazan over a duration of nearly ten years of their marriage.

Numerous other individuals were found guilty in a high-profile trial last year, and the appellant was the sole individual to contest his verdict. He was originally given a sentence to 9 years in prison, a punishment enhanced on Thursday to a decade.

The chief prosecutor, Dominique Sie, had contended he should serve twelve years, because he “absolutely refuses to take any responsibility”.

Testimony and Proof

Dogan had initially 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 going out, the court heard.

The ex-husband, who was transported from solitary confinement in prison to briefly testify at the hearing, stated to the court that Dogan had been aware his wife had been “incapacitated” and he said to men by phone: “I’m looking for someone to assault my wife after I’ve put her to sleep without her consent.”

The proceedings became a focus point for a broader debate on societal attitudes in society as Dogan continued to assert he was blameless and had not perpetrated assault, stating that because Gisèle Pelicot’s husband had invited him into the room, his behavior had been acceptable.

The jury in the higher court was presented with recorded footage of Gisèle Pelicot’s unconscious figure, unconscious and snoring in a unconscious condition, while a smiling the perpetrator committed rape repeatedly over a timeframe of what police said was 3.5 hours. The court official said she had been at danger of death by asphyxiation. The prosecution said there was no doubt that she had been unconscious and had not agreed.

Defendant's Statements

The defendant stated to the court the recordings were simply “intimate moments” and denied it was rape. 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 brought him to the home, and therefore it was OK. He said he was manipulated by the husband. “I attempted to cease,” the accused stated to the court. “I continued because he convinced me.”

Inquired if he wanted to make a last words to the court, Dogan said: “I had no desire to harm that lady.”

Survivor's Statement

Gisèle Pelicot, who was supported upon leaving court each day by crowds gathered to stand with her, addressed Dogan in court: “You do not grasp. When will you acknowledge you violated me? It’s a crime to assault an incapacitated woman. How could I have give you permission? Not once.”

The victim, seventy-two, became an symbol of resistance after she relinquished her right to anonymity in the trial last year when she said: “Shame must change sides.”

Legal Commentary

The prosecutor, turning to the victim in court, said Dogan’s unwillingness to take blame showed that: “The shame remains. The public is maybe in the course of that, possibly motivated by the public consciousness brought by the publication of your case.”

Sie said Dogan’s claims of non-guilt showed how normalized violence was still common in society as part of “old-fashioned” forms of “gender-based power”. He said: “Now we must change the culture of violence to a culture of consent.”

The prosecutor said to Dogan: “As long as you reject it, it’s not just a person, it’s an complete unpleasant social system that you are endorsing.”

Personal History

Dogan was originated from the country of Turkey and at the age of 5 moved to the nation of France, where his father worked as a concierge. The testimony revealed that his parent was aggressive and that the defendant began smoking cannabis at the age of ten. When Dogan was 17 he was caught by authorities for dealing drugs and his father forced him to leave the family house. He was incarcerated in prison for narcotics offenses in his young adulthood and had worked as a laborer but had faced periods of living on the streets.

He was wed and had a son with a genetic condition, who he was the primary guardian for, as his wife worked in a educational cafeteria. The testimony revealed his wife did not know he had regular intimate relations beyond their union. His legal team said this was his strategy for managing with his stressful life. The defendant had told a mental health expert that each year he engaged in transactional encounters on his birthday. His attorneys stated to the court he had arthritis caused by the stress of the original case.