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An individual was convicted on appeal of sexually assaulting Gisèle Pelicot after she was sedated by her husband – and received his jail term increased to a decade.

Retrial Proceedings

Husamettin Dogan, 44, an unemployed builder, who had appealed his initial guilty verdict last year, experienced a new trial this week at the appeals court in Nîmes.

A jury of four women and five men, sitting with three judges, found Dogan guilty on Thursday of sexually assaulting the victim in her bedroom in the south of France in the early hours of June 29, 2019.

The testimony revealed that Dogan, a married father, made contact with Gisèle Pelicot’s then husband, the husband, in an digital platform titled “without her consent”, where the husband was recruiting men to visit his house to assault his wife after he had sedated her into a unconscious state.

We trust the jury will say loud and clear that in this nation, human rights are also women’s rights – that consent is individual, not transferred,” declared Gisèle Pelicot’s attorney, Antoine Camus. “Consent is received directly and not by proxy from a husband.”

Background

Dominique Pelicot, one of the worst sexual predators in recent French history, was given a prison term to two decades in prison last year for sedating his spouse and inviting dozens of men to sexually assault her in her home in the Provence village of the village of Mazan over a period of nearly ten years of their union.

Dozens of additional defendants were found convicted in a notable trial last year, and the appellant was the single defendant to challenge his sentence. He was initially handed a term to nine years in prison, a sentence increased on Thursday to ten years.

The state's attorney, the prosecutor, had stated he should serve 12 years, because he “absolutely refuses to take any blame”.

Courtroom Details

Dogan had initially sent the husband graphic images and then traveled an hour from his village in the region to assault the victim, after telling his wife he was going out, the testimony revealed.

The ex-husband, who was brought from segregation in prison to temporarily testify at the retrial, stated to the court that Dogan had understood his wife had been “incapacitated” and he communicated to men by phone: “I’m looking for someone to violate my wife after I’ve sedated her 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 engaged in violation, contending that because the victim's husband had invited him into the room, his conduct had been permissible.

The jury in the higher court was shown recorded footage of the victim's unconscious figure, unconscious and snoring in a deep sleep, while a grinning Dogan engaged in violation repeatedly over a timeframe of what investigators stated was three and a half hours. The judge said she had been at danger of death by choking. The state prosecution said there was no question that she had been unconscious and had not agreed.

Defendant's Statements

Dogan told the court the videos were simply “sex scenes” and denied it was assault. He said what he did was “an intimate behavior”, not assault. He stated the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had brought him to the home, and therefore it was acceptable. He said he was deceived by Dominique Pelicot. “I wanted to stop,” the accused told the court. “I proceeded because he convinced me.”

Inquired if he wanted to make a last words to the court, Dogan said: “I did not intend to injure that individual.”

Victim's Response

The survivor, who was cheered upon leaving court each day by supporters present to back her, said to Dogan in court: “You do not grasp. When will you admit you raped me? It is illegal to rape an incapacitated woman. How could I have give you consent? Never.”

Gisèle Pelicot, 72, became an global icon after she gave up her right to privacy in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

Sie, addressing Gisèle Pelicot in court, said Dogan’s failure to take blame showed that: “Shame has not yet changed sides. Society is perhaps in the course of that, maybe driven by the societal understanding resulting from the publication of your situation.”

The prosecutor said the defendant's claims of innocence showed how societal tolerance was still prevalent in society as part of “outdated” forms of “patriarchal control”. He said: “We need to change the culture of violence to a society based on agreement.”

The prosecutor told the defendant: “As long as you deny it, it’s not just a woman, it’s an complete unpleasant societal structure that you are supporting.”

Personal History

The accused was born in the country of Turkey and at the age of five relocated to France, where his parent worked as a concierge. The evidence indicated that his father was abusive and that the defendant began consuming marijuana at the age of 10. When he was 17 he was caught by police for dealing drugs and his father evicted him the family house. He spent time in prison for trafficking in his twenties and had worked as a laborer but had undergone periods of homelessness.

He was married and had a son with special needs, who he was the primary guardian for, as his spouse worked in a school canteen. The evidence showed his spouse did not know he had regular extramarital activities beyond their union. His legal team said this was his strategy for managing with his difficult circumstances. Dogan had told a evaluator that each year he sought paid sex on his special day. His attorneys stated to the court he had joint inflammation triggered by the anxiety of the first trial.