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A man was convicted on appeal of sexually assaulting Gisele Pelicot following she was sedated by her then-husband – and received his incarceration period raised to ten years.

Higher Court Case

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

A panel of nine jurors, accompanied by three judges, ruled against Dogan on Thursday of raping the victim in her home in southern France in the early hours of 29 June 2019.

The court heard that the accused, a family man, made contact with Gisèle Pelicot’s then husband, Dominique Pelicot, in an internet forum named “unbeknownst to her”, where Pelicot was recruiting men to enter his residence to assault his wife after he had rendered her unconscious into a comatose state.

We expect the court will affirm that in this country, fundamental rights are also rights of women – that consent is personal, not given by another,” stated Gisèle Pelicot’s attorney, Antoine Camus. “Permission is received personally and not by proxy from a husband.”

Background

Dominique Pelicot, one of the worst sex offenders in recent French history, was handed a sentence to two decades in prison last year for sedating his then wife and soliciting dozens of men to sexually assault her in her home in the Provence village of the village of Mazan over a period of almost a decade of their marriage.

Numerous other individuals were found culpable in a high-profile trial last year, and the appellant was the single defendant to appeal against his conviction. He was initially sentenced to 9 years in prison, a sentence enhanced on Thursday to ten years.

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

Courtroom Details

The defendant had initially sent Dominique Pelicot inappropriate pictures and then driven an hour from his village in the region to assault Gisèle Pelicot, after informing his wife he was leaving, the evidence indicated.

The ex-husband, who was brought from isolation in prison to briefly provide testimony at the retrial, informed the court that the accused had understood 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 without her consent.”

The trial became a key topic for a broader debate on sexual violence norms in society as Dogan continued to claim he was innocent and had not engaged in violation, contending that because the victim's husband had allowed him into the room, his actions had been justifiable.

The panel in the higher court was presented with visual proof of the victim's unconscious figure, sedated and snoring in a deep sleep, while a smiling the perpetrator performed assault repeatedly over a period of what authorities reported was several hours. The presiding judge said she had been at risk of fatal outcome by suffocation. The state prosecution said there was no question that she had been unconscious and had not given permission.

Defendant's Statements

Dogan stated to the court the videos were simply “sex scenes” and rejected it was rape. He said what he did was “an intimate behavior”, not rape. 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 OK. He said he was deceived by Dominique Pelicot. “I attempted to cease,” the accused stated to the court. “I proceeded because he persuaded me.”

Inquired if he wanted to make a closing remarks to the court, the defendant said: “I had no desire to injure that woman.”

Pelicot's Words

Gisèle Pelicot, who was applauded upon leaving court each day by onlookers assembled to back her, told Dogan in court: “You do not grasp. When are you going to recognise you assaulted me? It is illegal to rape an incapacitated woman. How could I have give you agreement? Not once.”

The victim, 72, became an global icon after she relinquished her right to anonymity in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

Sie, addressing Gisèle Pelicot in court, said the defendant's unwillingness to take accountability showed that: “The shame remains. The public is perhaps in the midst of that, possibly motivated by the collective awareness spurred by the exposure of your situation.”

The prosecutor said Dogan’s claims of blamelessness showed how rape culture was still common in society as part of “archaic” forms of “gender-based power”. He said: “It is imperative to change the culture of violence to a ethos of permission.”

Sie said to Dogan: “While you deny it, it’s not just a individual, it’s an whole disturbing social system that you are upholding.”

Defendant's Background

Dogan was originated from Turkey and at the age of 5 relocated to the nation of France, where his parent worked as a building manager. The testimony revealed that his parent was violent and that Dogan began using drugs at the age of ten. When he was 17 he was apprehended by police for dealing drugs and his father forced him to leave the family house. He spent time in prison for drug dealing in his young adulthood and had worked as a laborer but had experienced periods of living on the streets.

He was married and had a child with Down’s syndrome, who he was the principal carer for, as his spouse worked in a educational cafeteria. The evidence showed his spouse did not know he had repeated intimate relations beyond their marriage. His defence said this was his way of coping with his stressful life. The defendant had told a court psychologist that annually he looked for paid sex on his birthday. His legal representatives told the court he had a medical condition triggered by the stress of the initial proceedings.