🔗 Share this article

An individual was convicted on higher court review of sexually assaulting Gisèle Pelicot after she was sedated by her husband – and was given his incarceration period raised to ten years.

Appeal Trial

Husamettin Dogan, forty-four, an unemployed builder, who had contested his initial guilty verdict last year, faced a retrial this week at the Nîmes court of appeal.

A jury of four women and five men, joined by three judges, found Dogan guilty on Thursday of raping Pelicot in her residence in southern France in the early hours of June 29, 2019.

The court heard that Dogan, a married father, connected with the victim's spouse, Dominique Pelicot, in an digital platform titled “unbeknownst to her”, where Pelicot was recruiting men to enter his residence to assault his wife once he had drugged her into a comatose state.

We trust the panel will declare that in this nation, fundamental rights are also rights of women – that permission is personal, not given by another,” stated Gisèle Pelicot’s lawyer, Antoine Camus. “Agreement is received personally and not through someone else from a husband.”

Background

The ex-husband, a notorious sex offenders in France's contemporary records, was given a prison term to two decades in prison last year for incapacitating his then wife and inviting dozens of men to rape her in her home in the community of Mazan over a period of nearly ten years of their union.

Fifty other men were found guilty in a notable trial last year, and Dogan was the only man to challenge his conviction. He was originally sentenced to 9 years in prison, a punishment enhanced on Thursday to 10 years.

The lead state prosecutor, Dominique Sie, had argued he should serve twelve years, because he “completely denies to take any blame”.

Courtroom Details

The defendant had initially sent the husband sexually explicit photos and then driven an hour from his village in the region to assault the victim, after telling his wife he was going out, the testimony revealed.

Pelicot, who was transported from segregation in prison to briefly give evidence at the appeal trial, informed the court that the accused had known his wife had been “sedated” and he told to men by phone: “I’m looking for someone to assault my wife after I’ve put her to sleep unbeknownst to her.”

The trial became a focus point for a wider discussion on sexual violence norms in society as Dogan continued to say he was blameless and had not engaged in violation, contending that because Gisèle Pelicot’s husband had allowed him into the residence, his actions had been justifiable.

The panel in the higher court was displayed visual proof of Gisèle Pelicot’s limp body, comatose and breathing heavily in a deep sleep, while a smiling the perpetrator engaged in violation on several occasions over a duration of what investigators stated was several hours. The court official said she had been at danger of fatal outcome by choking. The state's case said there was absolute certainty that she had been unaware and had not consented.

Accused's Testimony

Dogan told the court the videos were simply “sex scenes” and disputed it was violation. He said what he did was “a consensual activity”, not assault. He told the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had invited him to the home, and therefore it was acceptable. He said he was influenced by the husband. “I wanted to stop,” Dogan told the court. “I continued because he reassured me.”

Questioned if he wanted to make a final statement to the court, Dogan said: “I never wanted to hurt that lady.”

Victim's Response

The survivor, who was applauded upon leaving court each day by onlookers present to support her, addressed the defendant in court: “You haven’t understood. When will you acknowledge you violated me? It is unlawful to rape an unaware woman. When did I ever give you consent? Not once.”

Gisèle Pelicot, seventy-two, became an international feminist hero after she relinquished her right to anonymity in the trial last year when she said: “Guilt ought to transfer.”

State's Argument

The prosecutor, turning to Gisèle Pelicot in court, said the defendant's refusal to take responsibility showed that: “The shame remains. Society is perhaps in the midst of that, perhaps motivated by the public consciousness spurred by the exposure of your ordeal.”

The prosecutor said Dogan’s claims of innocence showed how societal tolerance was still common in society as part of “outdated” forms of “gender-based power”. He said: “Now we must change rape culture to a culture of consent.”

The prosecutor told the defendant: “While you deny it, it’s not just a person, it’s an whole unpleasant social system that you are supporting.”

Biographical Details

The accused was originated from Turkey and at the age of 5 moved to the nation of France, where his parent worked as a caretaker. The evidence indicated that his father was abusive and that Dogan began consuming marijuana aged 10. When Dogan was 17 he was stopped by authorities for dealing drugs and his parent forced him to leave the family house. He was incarcerated in prison for narcotics offenses in his twenties and had worked as a builder but had experienced periods of being unhoused.

He was wed and had a son with Down’s syndrome, who he was the primary guardian for, as his spouse worked in a educational cafeteria. The evidence showed his wife did not know he had frequent intimate relations outside their union. His defence said this was his way of coping with his difficult circumstances. Dogan had stated to a court psychologist that annually he sought transactional encounters on his special day. His legal representatives stated to the court he had joint inflammation resulting from the stress of the initial proceedings.