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A man was convicted on higher court review of sexually assaulting Gisele Pelicot after she was sedated by her spouse – and received his prison sentence increased to ten years.

Appeal Trial

Husamettin Dogan, 44, an unemployed builder, who had contested his first conviction last year, faced a retrial this week at the Nîmes court of appeal.

A panel of nine jurors, sitting with three judges, ruled against Dogan on Thursday of raping Pelicot in her bedroom in southern France in the early hours of 29 June 2019.

The court heard that the accused, a family man, made contact with the victim's husband at the time, Dominique Pelicot, in an digital platform titled “without her consent”, where Pelicot was looking for men to enter his residence to assault his wife after he had rendered her unconscious into a unconscious state.

“We hope the panel will declare that in this society, fundamental rights are also rights of women – that consent is individual, not delegated,” declared the victim's attorney, Antoine Camus. “Permission is received directly and not through someone else from a husband.”

Context

Dominique Pelicot, one of the worst sexual predators in France's contemporary records, was handed a sentence to 20 years in prison last year for incapacitating his spouse and soliciting dozens of men to sexually assault her in her home in the Provence village of the village of Mazan over a duration of almost a decade of their union.

Numerous other individuals were found convicted in a widely publicized trial last year, and the appellant was the only man to contest his verdict. He was initially given a sentence to 9 years in prison, a penalty increased on Thursday to ten years.

The state's attorney, Dominique Sie, had argued he should serve twelve years, because he “stubbornly rejects to take any blame”.

Evidence Presented

Dogan had initially sent Dominique Pelicot graphic images and then traveled an hour from his village in the region to rape the victim, after notifying his wife he was stepping out, the evidence indicated.

The ex-husband, who was brought from isolation in prison to briefly provide testimony at the appeal trial, told the court that the accused had known his wife had been “incapacitated” and he told to men by phone: “I’m looking for someone to abuse my wife after I’ve sedated her unbeknownst to her.”

The proceedings became a key topic for a broader debate on sexual violence norms in society as the defendant continued to assert he was not guilty and had not committed rape, contending that because Gisèle Pelicot’s husband had invited him into the bedroom, his actions had been justifiable.

The panel in the higher court was shown visual proof of the victim's limp body, sedated and snoring in a deep sleep, while a smiling the perpetrator committed rape repeatedly over a timeframe of what police said was three and a half hours. The judge said she had been at risk of death by suffocation. The state prosecution said there was no question that she had been unaware and had not consented.

Dogan's Claims

Dogan informed the court the videos were simply “intimate moments” and denied it was violation. He said what he did was “an intimate behavior”, not rape. He stated the court: “I am innocent of assault.” He said the victim's husband had brought him to the house, and therefore it was permissible. He said he was influenced by Dominique Pelicot. “I wanted to stop,” the accused stated to the court. “I proceeded because he reassured me.”

Questioned if he wanted to make a final statement to the court, Dogan said: “I never wanted to hurt that individual.”

Pelicot's Words

The survivor, who was applauded upon exiting the courtroom each day by supporters gathered to stand with her, told the defendant in court: “You haven’t understood. When will you admit you violated me? It’s a crime to rape an incapacitated woman. At what point did I give you consent? Not once.”

Gisèle Pelicot, 72, became an global icon after she gave up her right to anonymity in the trial last year when she said: “Shame must change sides.”

State's Argument

The prosecutor, speaking to the victim in court, said Dogan’s failure to take accountability showed that: “The shame remains. The public is perhaps in the process of that, maybe propelled by the collective awareness brought by the revelation of your case.”

The prosecutor said the defendant's claims of non-guilt showed how societal tolerance was still widespread in society as part of “archaic” forms of “male domination”. He said: “We need to change the culture of violence to a culture of consent.”

The prosecutor told Dogan: “As long as you deny it, it’s not just a individual, it’s an complete disturbing social system that you are supporting.”

Defendant's Background

The accused was originated from the country of Turkey and at the age of 5 came to the nation of France, where his parent worked as a building manager. The court heard that his father was violent and that the defendant began using drugs aged ten. When he was seventeen he was apprehended by authorities for selling narcotics and his parent kicked him out the residence. He was incarcerated in prison for narcotics offenses in his twenties and had worked as a construction worker but had undergone periods of living on the streets.

He was married and had a child with special needs, who he was the principal carer for, as his wife worked in a institution's dining hall. The evidence showed his wife did not know he had regular intimate relations outside their marriage. His legal team said this was his way of coping with his difficult circumstances. Dogan had informed a court psychologist that once a year he looked for transactional encounters on his birthday. His legal representatives stated to the court he had arthritis triggered by the anxiety of the initial proceedings.