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A man was convicted on higher court review of sexually assaulting Gisele Pelicot following she was sedated by her then-husband – and received his prison sentence extended to 10 years.

Higher Court Case

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

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

The court heard that the accused, a family man, made contact with the victim's then husband, the husband, in an digital platform called “unbeknownst to her”, where the husband was looking for men to enter his residence to rape his wife once he had drugged her into a unconscious state.

We expect the panel will declare that in this country, fundamental rights are also rights of women – that permission is personal, not delegated,” stated Gisèle Pelicot’s lawyer, Antoine Camus. “Permission is secured personally and not through someone else from a husband.”

Background

The husband, a notorious sex offenders in France's contemporary records, was handed a sentence to 20 years in prison last year for sedating his wife at the time and bringing in multiple perpetrators to rape her in her home in the Provence village of the village of Mazan over a period of almost a decade of their marriage.

Dozens of additional defendants were found convicted in a high-profile trial last year, and Dogan was the single defendant to appeal against his conviction. He was first sentenced to 9 years in prison, a punishment increased on Thursday to 10 years.

The lead state prosecutor, Dominique Sie, had stated he should serve twelve years, because he “stubbornly rejects to take any accountability”.

Testimony and Proof

The defendant had initially sent Dominique Pelicot inappropriate pictures and then driven an hour from his residence in the region to assault Gisèle Pelicot, after notifying his wife he was going out, the court heard.

Pelicot, who was transported from solitary confinement in prison to briefly provide testimony at the retrial, stated to the court that Dogan had been aware his wife had been “sedated” and he communicated to men by phone: “I want someone to assault my wife after I’ve rendered her unconscious unbeknownst to her.”

The courtroom became a central issue for a wider discussion on rape culture in society as the defendant continued to say he was blameless and had not engaged in violation, stating that because Gisèle Pelicot’s husband had allowed him into the room, his conduct had been acceptable.

The panel in the higher court was displayed video evidence of Gisèle Pelicot’s unconscious figure, sedated and breathing heavily in a comatose state, while a smiling Dogan engaged in violation multiple times over a timeframe of what authorities reported was several hours. The judge said she had been at risk of fatal outcome by choking. The state's case said there was absolute certainty that she had been unaware and had not agreed.

Accused's Testimony

The defendant informed the court the videos were simply “intimate moments” and disputed it was rape. He said what he did was “a sexual act”, not assault. He told the court: “I did not commit rape.” He said the victim's husband had allowed him to the home, and therefore it was acceptable. He said he was manipulated by the husband. “I wanted to stop,” Dogan told the court. “I proceeded because he convinced me.”

Inquired if he wanted to make a closing remarks to the court, Dogan said: “I had no desire to hurt that individual.”

Victim's Response

The survivor, who was cheered upon exiting the courtroom each day by crowds assembled to support her, told Dogan in court: “You haven’t understood. When are you going to recognise you violated me? It’s a crime to assault an unconscious woman. How could I have give you consent? At no time.”

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

Legal Commentary

The prosecutor, addressing the victim in court, said the defendant's failure to take blame showed that: “Guilt has not shifted. Society is perhaps in the midst of that, perhaps motivated by the collective awareness resulting from the revelation of your situation.”

Sie said Dogan’s claims of blamelessness showed how normalized violence was still widespread in society as part of “old-fashioned” forms of “gender-based power”. He said: “We need to change the culture of violence to a society based on agreement.”

The prosecutor said to the defendant: “As long as you reject it, it’s not just a woman, it’s an whole disturbing cultural framework that you are supporting.”

Defendant's Background

Dogan was born in the country of Turkey and at the age of 5 moved to France, where his father worked as a building manager. The testimony revealed that his parent was abusive and that Dogan began smoking cannabis at the age of 10. When he was seventeen he was stopped by authorities for selling narcotics and his father kicked him out the family house. He served time in prison for narcotics offenses in his twenties and had worked as a laborer but had undergone periods of being unhoused.

He was married and had a son with special needs, who he was the primary guardian for, as his wife worked in a educational cafeteria. The testimony revealed his spouse did not know he had repeated extramarital activities beyond their union. His defence said this was his way of coping with his challenging existence. Dogan had told a court psychologist that once a year he engaged in paid sex on his birthday. His lawyers told the court he had arthritis triggered by the pressure of the initial proceedings.