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An individual has been found guilty on appeal of sexually assaulting Gisele Pelicot after she was drugged unconscious by her spouse – and received his jail term extended to ten years.

Higher Court Case

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

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

The evidence showed that Dogan, a married father, reached out to the victim's then husband, the husband, in an internet forum called “unbeknownst to her”, where Pelicot was seeking men to enter his residence to assault his wife once he had rendered her unconscious into a unconscious state.

“We hope the panel will declare that in this country, human rights are also women’s rights – that agreement is personal, not given by another,” stated the victim's lawyer, Antoine Camus. “Permission is received directly and not through someone else from a spouse.”

Context

The ex-husband, one of the worst sexual predators in modern French history, was handed a sentence to two decades in prison last year for sedating his then wife and inviting numerous individuals to rape her in her home in the community of Mazan over a duration of many years of their union.

Fifty other men were found guilty in a high-profile trial last year, and the appellant was the only man to challenge his sentence. He was initially given a sentence to nine years in prison, a penalty raised on Thursday to ten years.

The chief prosecutor, the prosecutor, had stated he should serve twelve years, because he “completely denies to take any blame”.

Evidence Presented

The defendant had first sent Dominique Pelicot graphic images and then driven an hour from his residence in Provence to assault the victim, after informing his wife he was leaving, the evidence indicated.

Pelicot, who was brought from segregation in prison to temporarily give evidence at the retrial, stated to the court that Dogan had been aware his wife had been “sedated” and he told to men by phone: “I want someone to abuse my wife after I’ve sedated her without her consent.”

The trial became a central issue for a broader debate on sexual violence norms in society as Dogan continued to claim he was not guilty and had not perpetrated assault, stating that because the victim's husband had allowed him into the bedroom, his conduct had been permissible.

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

Accused's Testimony

Dogan informed the court the footage were simply “intimate moments” and disputed it was assault. He said what he did was “an intimate behavior”, not rape. He declared the court: “I am innocent of assault.” He said the victim's husband had allowed him to the home, and therefore it was acceptable. He said he was influenced by the husband. “I tried to halt,” Dogan informed the court. “I carried on because he persuaded me.”

Asked if he wanted to make a closing remarks to the court, the defendant said: “I never wanted to harm that lady.”

Survivor's Statement

The survivor, who was supported upon leaving court each day by supporters assembled to support her, said to the defendant in court: “You fail to comprehend. When are you going to recognise you raped me? It’s a crime to assault an unconscious woman. At what point did I give you consent? At no time.”

The victim, seventy-two, became an international feminist hero after she waived her right to privacy in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

The prosecutor, addressing the victim in court, said the defendant's refusal to take blame showed that: “Shame has not yet changed sides. The community is perhaps in the process of that, perhaps propelled by the collective awareness brought by the exposure of your situation.”

Sie said Dogan’s claims of blamelessness showed how societal tolerance was still widespread in society as part of “archaic” forms of “male domination”. He said: “It is imperative to change the culture of violence to a society based on agreement.”

Sie addressed Dogan: “As long as you reject it, it’s not just a woman, it’s an whole sordid social system that you are supporting.”

Personal History

The accused was born in Turkey and at the age of five relocated to France, where his father worked as a caretaker. The court heard that his parent was abusive and that the defendant began using drugs at the age of ten. When he was 17 he was apprehended by police for selling narcotics and his parent evicted him the residence. He served time in prison for narcotics offenses in his young adulthood and had worked as a laborer but had undergone periods of homelessness.

He was married and had a child with Down’s syndrome, who he was the principal carer for, as his wife worked in a school canteen. The court heard his wife did not know he had frequent intimate relations beyond their marriage. His legal team said this was his way of coping with his challenging existence. Dogan had told a court psychologist that annually he engaged in transactional encounters on his special day. His legal representatives stated to the court he had arthritis caused by the anxiety of the first trial.