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An individual was convicted on appeal of sexually assaulting Gisèle Pelicot after she was drugged unconscious by her spouse – and has had his jail term raised to a decade.

Higher Court Case

Husamettin Dogan, 44, 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 jury of nine jurors, joined by three judges, ruled against Dogan on Thursday of raping the victim in her residence in the south of France in the morning of June 29, 2019.

The court heard that the accused, a family man, connected with Gisèle Pelicot’s spouse, Dominique Pelicot, in an online chatroom called “without her knowledge”, where the husband was looking for men to visit his house to assault his wife after he had sedated her into a deep sleep.

We expect the court will declare that in this nation, human rights are also rights of women – that consent is personal, not given by another,” declared the victim's attorney, her legal representative. “Permission is received directly and not through someone else from a spouse.”

Context

The husband, one of the worst sexual predators in modern French history, was handed a sentence to twenty years in prison last year for drugging his then wife and soliciting numerous individuals to sexually assault her in her home in the community of the village of Mazan over a duration of nearly ten years of their marriage.

Dozens of additional defendants were found guilty in a high-profile trial last year, and Dogan was the sole individual to challenge his conviction. He was initially sentenced to nine years in prison, a punishment raised on Thursday to 10 years.

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

Courtroom Details

Dogan had first sent the husband inappropriate pictures and then driven an hour from his town in Provence to assault the victim, after informing his wife he was going out, the evidence indicated.

Pelicot, who was transported from solitary confinement in prison to briefly give evidence at the hearing, informed the court that the accused had been aware his wife had been “drugged” and he communicated to men by phone: “I seek someone to assault my wife after I’ve put her to sleep unbeknownst to her.”

The courtroom became a key topic for a wider discussion on societal attitudes in society as the defendant continued to say he was innocent and had not committed rape, arguing that because Gisèle Pelicot’s husband had welcomed him into the bedroom, his behavior had been acceptable.

The jury in the Nîmes appeals court was shown video evidence of Gisèle Pelicot’s unconscious figure, sedated and snoring in a comatose state, while a grinning the perpetrator engaged in violation repeatedly over a period of what authorities reported was 3.5 hours. The presiding judge said she had been at danger of death by suffocation. The prosecution said there was no question that she had been unaware and had not given permission.

Dogan's Claims

Dogan stated to the court the recordings were simply “sex scenes” and disputed it was assault. He said what he did was “a consensual activity”, not rape. He stated the court: “I never raped.” He said Gisèle Pelicot’s husband had allowed him to the home, and therefore it was OK. He said he was deceived by Dominique Pelicot. “I wanted to stop,” Dogan told the court. “I carried on because he convinced me.”

Inquired if he wanted to make a final statement to the court, the defendant said: “I did not intend to harm that woman.”

Pelicot's Words

The survivor, who was supported upon leaving court each day by onlookers gathered to support her, said to Dogan in court: “You haven’t understood. When will you admit you raped me? It is illegal to assault an unaware woman. At what point did I give you agreement? Never.”

Gisèle Pelicot, 72, became an global icon after she gave up her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”

Legal Commentary

The prosecutor, addressing Gisèle Pelicot in court, said Dogan’s unwillingness to take accountability showed that: “Shame has not yet changed sides. The public is maybe in the course of that, perhaps driven by the societal understanding resulting from the exposure of your ordeal.”

The prosecutor said the defendant's claims of non-guilt 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 society based on agreement.”

The prosecutor addressed the defendant: “As long as you deny it, it’s not just a individual, it’s an entire unpleasant social system that you are upholding.”

Defendant's Background

Dogan was born in Turkey and at the age of 5 came to France, where his parent worked as a concierge. The testimony revealed that his parent was abusive and that the defendant began smoking cannabis at the age of 10. When Dogan was 17 he was caught by authorities for selling narcotics and his parent forced him to leave the residence. He spent time in prison for drug dealing in his twenties and had worked as a construction worker but had faced periods of homelessness.

He was wed and had a son with Down’s syndrome, who he was the principal carer for, as his spouse worked in a school canteen. The court heard his wife did not know he had regular extramarital activities beyond their union. His legal team said this was his method of dealing with his difficult circumstances. Dogan had told a mental health expert that once a year he sought paid sex on his birthday. His lawyers informed the court he had joint inflammation resulting from the anxiety of the original case.