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An individual has been found guilty on appeal of sexually assaulting Gisele Pelicot following she was drugged unconscious by her then-husband – and has had his prison sentence increased to ten years.

Higher Court Case

Husamettin Dogan, forty-four, an out-of-work construction worker, who had contested his initial guilty verdict last year, experienced a appeal hearing this week at the higher court in Nîmes.

A panel of four women and five men, sitting with three judges, ruled against Dogan on Thursday of raping the victim in her home in Provence in the morning of June 29, 2019.

The evidence showed 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 seeking men to visit his house to rape his wife once he had rendered her unconscious into a deep sleep.

We expect the court will say loud and clear that in this society, human rights are also women’s rights – that permission is personal, not given by another,” declared the victim's lawyer, Antoine Camus. “Agreement is received personally and not via a representative from a spouse.”

Background

Dominique Pelicot, one of the worst sex offenders in recent French history, was sentenced to two decades in prison last year for drugging his wife at the time and inviting dozens of men to sexually assault her in her home in the town of the village of Mazan over a duration of almost a decade of their marriage.

Dozens of additional defendants were found culpable in a widely publicized trial last year, and Dogan was the sole individual to appeal against his verdict. He was initially handed a term to nine years in prison, a sentence enhanced on Thursday to ten years.

The chief prosecutor, Dominique Sie, had stated he should serve 12 years, because he “stubbornly rejects to take any responsibility”.

Courtroom Details

Dogan had first sent Dominique Pelicot inappropriate pictures and then traveled an hour from his residence in the region to rape the victim, after telling his wife he was stepping out, the evidence indicated.

The ex-husband, who was transported from segregation in prison to temporarily give evidence at the appeal trial, stated to the court that the accused had understood his wife had been “sedated” and he said to men by phone: “I’m looking for someone to abuse my wife after I’ve sedated her without her consent.”

The trial became a focus point for a wider discussion on societal attitudes in society as Dogan continued to claim he was innocent and had not committed rape, arguing that because the victim's husband had allowed him into the room, his actions had been permissible.

The panel in the higher court was presented with visual proof of Gisèle Pelicot’s limp body, comatose and snoring in a comatose state, while a grinning the perpetrator performed assault repeatedly over a timeframe of what investigators stated was three and a half hours. The court official said she had been at peril of death by suffocation. The prosecution said there was absolute certainty that she had been unconscious and had not agreed.

Accused's Testimony

The defendant stated to the court the recordings were simply “sexual encounters” and disputed it was rape. He said what he did was “an intimate behavior”, not assault. He stated the court: “I never raped.” He said the victim's husband had allowed him to the residence, and therefore it was OK. He said he was influenced by the husband. “I tried to halt,” the accused told the court. “I proceeded because he reassured me.”

Inquired if he wanted to make a closing remarks to the court, Dogan said: “I never wanted to hurt that individual.”

Victim's Response

Gisèle Pelicot, who was applauded upon exiting the courtroom each day by supporters gathered to stand with her, addressed the defendant in court: “You do not grasp. When will you admit you violated me? It is illegal to rape an incapacitated woman. At what point did I give you consent? Not once.”

The victim, 72, became an symbol of resistance after she relinquished her right to privacy in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

Sie, turning to Gisèle Pelicot in court, said Dogan’s refusal to take blame showed that: “Shame has not yet changed sides. The community is maybe in the process of that, maybe driven by the public consciousness resulting from the revelation of your case.”

The prosecutor said Dogan’s claims of blamelessness showed how societal tolerance was still prevalent in society as part of “outdated” forms of “male domination”. He said: “Now we must change the culture of violence to a ethos of permission.”

The prosecutor told Dogan: “As long as you deny it, it’s not just a woman, it’s an whole unpleasant social system that you are endorsing.”

Biographical Details

Dogan was originated from Turkey and at the age of five moved to the nation of France, where his father worked as a concierge. The court heard that his parent was aggressive and that the defendant began smoking cannabis aged 10. When he was 17 he was stopped by police for dealing drugs and his father kicked him out the residence. He was incarcerated in prison for drug dealing in his early 20s and had worked as a construction worker but had undergone periods of living on the streets.

He was wed and had a child with Down’s syndrome, who he was the primary guardian for, as his spouse worked in a institution's dining hall. The court heard his wife did not know he had regular intimate relations outside their marriage. His defence said this was his method of dealing with his stressful life. Dogan had told a court psychologist that each year he looked for paid sex on his birthday. His lawyers told the court he had joint inflammation resulting from the anxiety of the initial proceedings.