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A man was declared guilty on appeal of sexually assaulting Gisèle Pelicot following she was sedated by her then-husband – and has had his jail term extended to ten years.

Higher Court Case

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

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

The evidence showed that the accused, a family man, reached out to Gisèle Pelicot’s husband at the time, Dominique Pelicot, in an digital platform called “unbeknownst to her”, where Pelicot was looking for men to visit his house to assault his wife after he had sedated her into a unconscious state.

We trust the panel will declare that in this nation, fundamental rights are also women’s rights – that consent is personal, not transferred,” declared the victim's lawyer, her legal representative. “Permission is obtained directly and not through someone else from a spouse.”

Background

Dominique Pelicot, a notorious sexual predators in modern French history, was sentenced to 20 years in prison last year for incapacitating his wife at the time and bringing in dozens of men to sexually assault her in her home in the community of the village of Mazan over a period of nearly ten years of their marriage.

Fifty other men were found convicted in a high-profile trial last year, and the appellant was the only man to contest his conviction. He was first handed a term to nine years in prison, a penalty enhanced on Thursday to 10 years.

The lead state prosecutor, the prosecutor, had stated he should serve 12 years, because he “stubbornly rejects to take any blame”.

Testimony and Proof

Dogan had first sent Dominique Pelicot inappropriate pictures and then traveled an hour from his village in the region to assault the victim, after telling his wife he was going out, the testimony revealed.

The ex-husband, who was brought from isolation in prison to briefly give evidence at the appeal trial, stated to the court that the accused had been aware his wife had been “drugged” and he communicated to men by phone: “I seek someone to abuse my wife after I’ve rendered her unconscious unbeknownst to her.”

The trial became a key topic for a wider discussion on sexual violence norms in society as Dogan continued to assert he was blameless and had not perpetrated assault, contending that because Gisèle Pelicot’s husband had invited him into the room, his behavior had been acceptable.

The panel in the higher court was presented with video evidence of Gisèle Pelicot’s limp body, unconscious and breathing heavily in a unconscious condition, while a smiling the perpetrator performed assault multiple times over a duration of what police said was 3.5 hours. The presiding judge said she had been at risk of death by choking. The state prosecution said there was no question that she had been incapacitated and had not agreed.

Accused's Testimony

The defendant told the court the recordings were simply “sex scenes” and rejected it was assault. He said what he did was “a consensual activity”, not assault. He told the court: “I did not commit rape.” He said the victim's husband had allowed him to the residence, and therefore it was acceptable. He said he was influenced by Dominique Pelicot. “I tried to halt,” the accused stated to the court. “I proceeded because he persuaded me.”

Inquired if he wanted to make a last words to the court, Dogan said: “I never wanted to harm that individual.”

Survivor's Statement

The survivor, who was cheered upon leaving court each day by supporters assembled to stand with her, told the defendant in court: “You haven’t understood. When will you admit you assaulted me? It’s a crime to assault an unconscious woman. How could I have give you consent? At no time.”

Gisèle Pelicot, seventy-two, became an symbol of resistance after she gave up her right to privacy in the trial last year when she said: “The shame should shift.”

Legal Commentary

Sie, turning to the victim in court, said Dogan’s refusal to take accountability showed that: “Guilt has not shifted. Society is maybe in the midst of that, perhaps driven by the public consciousness brought by the revelation of your ordeal.”

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 “gender-based power”. He said: “It is imperative to change the culture of violence to a ethos of permission.”

The prosecutor said to Dogan: “For as much as you reject it, it’s not just a person, it’s an whole unpleasant social system that you are supporting.”

Personal History

The accused was born in the country of Turkey and at the age of 5 relocated to France, where his parent worked as a concierge. The court heard that his parent was abusive and that the defendant began consuming marijuana aged ten. When Dogan was seventeen he was caught by police for selling narcotics and his parent forced him to leave the family house. He served time in prison for drug dealing in his early 20s and had worked as a construction worker but had undergone periods of homelessness.

He was wed and had a son with a genetic condition, who he was the primary guardian for, as his wife worked in a institution's dining hall. The evidence showed his spouse did not know he had repeated sexual encounters beyond their union. His defence said this was his strategy for managing with his difficult circumstances. The defendant had told a evaluator that each year he engaged in paid sex on his special day. His attorneys told the court he had joint inflammation resulting from the stress of the first trial.