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A defendant has been found guilty on higher court review of sexually assaulting Gisèle Pelicot after she was sedated by her husband – and received his prison sentence extended to ten years.

Higher Court Case

Husamettin Dogan, 44, an unemployed builder, who had contested his first conviction last year, underwent a appeal hearing this week at the higher court in Nîmes.

A panel of five men and four women, accompanied by three judges, ruled against Dogan on Thursday of raping Pelicot in her residence in southern France in the early hours of 29 June 2019.

The testimony revealed that Dogan, a married father, connected with Gisèle Pelicot’s then husband, Dominique Pelicot, in an digital platform named “without her knowledge”, where Pelicot was seeking men to enter his residence to rape his wife once he had sedated her into a comatose state.

We trust the jury will declare that in this country, human rights are also rights of women – that consent is individual, not transferred,” declared the victim's lawyer, Antoine Camus. “Agreement is secured personally and not via a representative from a husband.”

Background

The ex-husband, a notorious sexual predators in recent French history, was sentenced to two decades in prison last year for drugging his then wife and inviting numerous individuals to sexually assault her in her home in the town of the village of Mazan over a period of many years of their union.

Numerous other individuals were found culpable in a high-profile trial last year, and Dogan was the single defendant to contest his conviction. He was originally given a sentence to 9 years in prison, a penalty increased on Thursday to ten years.

The lead state prosecutor, Dominique Sie, had stated he should serve 12 years, because he “absolutely refuses to take any responsibility”.

Evidence Presented

Dogan had initially sent Dominique Pelicot sexually explicit photos and then traveled an hour from his residence in Provence to assault the victim, after telling his wife he was stepping out, the court heard.

The ex-husband, who was transported from isolation in prison to temporarily provide testimony at the appeal trial, informed the court that the accused had been aware his wife had been “sedated” and he told to men by phone: “I want someone to violate my wife after I’ve sedated her without her knowledge.”

The proceedings became a focus point for a broader debate on societal attitudes in society as Dogan continued to say he was blameless and had not committed rape, arguing that because the victim's husband had invited him into the bedroom, his behavior had been justifiable.

The panel in the higher court was shown recorded footage of Gisèle Pelicot’s limp body, unconscious and snoring in a unconscious condition, while a smiling Dogan engaged in violation on several occasions over a duration of what police said was several hours. The judge said she had been at peril of death by choking. The state prosecution said there was absolute certainty that she had been incapacitated and had not agreed.

Defendant's Statements

Dogan informed the court the footage were simply “sex scenes” and denied it was violation. He said what he did was “a sexual act”, not assault. He stated the court: “I did not commit rape.” He said the victim's husband had brought him to the residence, and therefore it was acceptable. He said he was influenced by the husband. “I attempted to cease,” the accused stated to the court. “I carried on because he persuaded me.”

Questioned if he wanted to make a last words to the court, Dogan said: “I did not intend to hurt that lady.”

Victim's Response

The survivor, who was cheered upon departing the trial each day by onlookers assembled to back her, told Dogan in court: “You do not grasp. When are you going to recognise you violated me? It’s a crime to rape an unaware woman. How could I have give you agreement? At no time.”

The victim, seventy-two, became an international feminist hero after she relinquished her right to confidentiality in the trial last year when she said: “The shame should shift.”

Legal Commentary

Sie, speaking to Gisèle Pelicot in court, said Dogan’s unwillingness to take responsibility showed that: “Shame has not yet changed sides. The community is possibly in the midst of that, perhaps propelled by the societal understanding spurred by the publication of your ordeal.”

Sie said the defendant's claims of non-guilt showed how normalized violence was still prevalent in society as part of “archaic” forms of “gender-based power”. He said: “It is imperative to change the culture of violence to a society based on agreement.”

The prosecutor addressed the defendant: “As long as you deny it, it’s not just a individual, it’s an complete sordid societal structure that you are endorsing.”

Defendant's Background

Dogan was born in the country of Turkey and at the age of 5 relocated to France, where his father worked as a concierge. The court heard that his parent was abusive and that Dogan began using drugs aged 10. When Dogan was 17 he was stopped by authorities for selling narcotics and his father evicted him of home. He was incarcerated in prison for trafficking in his young adulthood and had worked as a builder but had faced periods of living on the streets.

He was married and had a child with a genetic condition, 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 frequent extramarital activities outside their union. His legal team said this was his method of dealing with his challenging existence. Dogan had told a court psychologist that once a year he engaged in paid sex on his special day. His lawyers stated to the court he had arthritis caused by the pressure of the initial proceedings.