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A man has been found guilty on higher court review of sexually assaulting Gisèle Pelicot after she was drugged unconscious by her then-husband – and has had his incarceration period increased to 10 years.

Retrial Proceedings

Husamettin Dogan, 44, an out-of-work construction worker, who had appealed his first conviction last year, experienced a new trial this week at the Nîmes court of appeal.

A panel of nine jurors, sitting with three judges, found Dogan guilty on Thursday of sexually assaulting Pelicot in her home in Provence in the morning of June 29, 2019.

The court heard that Dogan, a family man, reached out to the victim's husband at the time, Dominique Pelicot, in an internet forum titled “without her consent”, where the husband was recruiting men to enter his residence to assault his wife once he had drugged her into a comatose state.

“We hope the panel will affirm that in this country, fundamental rights are also women’s rights – that consent is individual, not transferred,” declared Gisèle Pelicot’s attorney, Antoine Camus. “Agreement is obtained personally and not via a representative from a husband.”

Context

The ex-husband, a notorious sex offenders in recent French history, was handed a sentence to twenty years in prison last year for incapacitating his then wife and bringing in multiple perpetrators to rape her in her home in the town of the village of Mazan over a span of almost a decade of their marriage.

Numerous other individuals were found convicted in a high-profile trial last year, and Dogan was the only man to appeal against his verdict. He was originally sentenced to nine years in prison, a punishment increased on Thursday to ten years.

The chief prosecutor, the prosecutor, had contended he should serve 12 years, because he “stubbornly rejects to take any accountability”.

Courtroom Details

Dogan had initially sent Dominique Pelicot inappropriate pictures and then driven an hour from his residence in Provence to assault the victim, after telling his wife he was stepping out, the court heard.

Pelicot, who was brought from solitary confinement in prison to briefly provide testimony at the retrial, stated to the court that the accused had known his wife had been “sedated” and he communicated to men by phone: “I want someone to violate my wife after I’ve rendered her unconscious without her consent.”

The courtroom 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, contending that because Gisèle Pelicot’s husband had invited him into the room, his conduct had been acceptable.

The panel in the Nîmes appeals court was displayed visual proof of the victim's unresponsive form, comatose and breathing heavily in a comatose state, while a smiling Dogan 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 state prosecution said there was absolute certainty that she had been unaware and had not agreed.

Defendant's Statements

The defendant stated to the court the recordings were simply “sex scenes” and disputed it was assault. He said what he did was “an intimate behavior”, not rape. He told the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had invited him to the home, and therefore it was OK. He said he was manipulated by the husband. “I tried to halt,” Dogan stated to the court. “I proceeded because he reassured me.”

Inquired if he wanted to make a last words to the court, Dogan said: “I never wanted to hurt that lady.”

Victim's Response

Gisèle Pelicot, who was applauded upon departing the trial each day by onlookers present to back her, said to the defendant in court: “You fail to comprehend. When will you admit you assaulted me? It is unlawful to assault an unaware woman. At what point did I give you consent? At no time.”

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

Legal Commentary

Sie, addressing Gisèle Pelicot in court, said the defendant's unwillingness to take accountability showed that: “Shame has not yet changed sides. The public is perhaps in the course of that, possibly driven by the collective awareness spurred by the revelation of your ordeal.”

The prosecutor said the defendant's claims of non-guilt showed how rape culture was still widespread in society as part of “old-fashioned” forms of “gender-based power”. He said: “Now we must change rape culture to a culture of consent.”

The prosecutor addressed Dogan: “As long as you refuse to admit it, it’s not just a person, it’s an entire sordid social system that you are upholding.”

Defendant's Background

Dogan was born in Turkey and at the age of five came to the nation of France, where his father worked as a caretaker. The court heard that his father was aggressive and that Dogan began smoking cannabis aged ten. When he was 17 he was caught by authorities for dealing drugs and his parent kicked him out the residence. He was incarcerated in prison for narcotics offenses in his young adulthood and had worked as a construction worker but had faced periods of homelessness.

He was wed and had a child with special needs, who he was the primary guardian for, as his wife worked in a school canteen. The testimony revealed his spouse did not know he had repeated intimate relations beyond their union. His defence said this was his way of coping with his challenging existence. Dogan had told a evaluator that each year he looked for transactional encounters on his birthday. His legal representatives stated to the court he had a medical condition resulting from the anxiety of the initial proceedings.