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A man was convicted on higher court review of sexually assaulting Gisèle Pelicot following she was sedated by her spouse – and was given his jail term increased to a decade.

Higher Court Case

Husamettin Dogan, forty-four, an out-of-work construction worker, who had appealed his first conviction last year, experienced a new trial this week at the Nîmes court of appeal.

A jury of five men and four women, sitting with three judges, ruled against Dogan on Thursday of sexually assaulting the victim in her residence in Provence in the morning of June 29, 2019.

The testimony revealed that the accused, a family man, made contact with the victim's then husband, Dominique Pelicot, in an digital platform named “without her consent”, where Pelicot was seeking men to enter his residence to rape his wife after he had drugged her into a unconscious state.

“We hope the jury will declare that in this nation, human rights are also women’s rights – that consent is individual, not given by another,” said Gisèle Pelicot’s lawyer, Antoine Camus. “Agreement is obtained directly and not via a representative from a spouse.”

Context

Dominique Pelicot, a notorious sex offenders in France's contemporary records, was handed a sentence to two decades 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 Provence village of Mazan over a duration of almost a decade of their union.

Dozens of additional defendants were found guilty in a high-profile trial last year, and Dogan was the only man to challenge his sentence. He was initially given a sentence to nine years in prison, a penalty enhanced on Thursday to 10 years.

The state's attorney, Dominique Sie, had argued he should serve 12 years, because he “completely denies to take any accountability”.

Testimony and Proof

The defendant had initially sent the husband sexually explicit photos and then driven an hour from his town in the region to assault the victim, after informing his wife he was stepping out, the court heard.

Pelicot, who was brought from isolation in prison to temporarily provide testimony at the retrial, told the court that Dogan had known his wife had been “incapacitated” and he said to men by phone: “I’m looking for someone to assault my wife after I’ve sedated her without her consent.”

The trial became a focus point for a wider discussion on rape culture in society as the defendant continued to claim he was blameless and had not committed rape, contending that because Gisèle Pelicot’s husband had allowed him into the bedroom, his conduct had been permissible.

The jury in the higher court was displayed recorded footage of Gisèle Pelicot’s limp body, comatose and snoring in a comatose state, while a smiling Dogan engaged in violation multiple times over a period of what investigators stated was several hours. The judge said she had been at danger of fatal outcome by choking. The prosecution said there was no question that she had been incapacitated and had not consented.

Dogan's Claims

Dogan told the court the videos were simply “sexual encounters” and disputed it was assault. He said what he did was “an intimate behavior”, not assault. He told the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had invited him to the home, and therefore it was permissible. He said he was manipulated by the husband. “I attempted to cease,” Dogan stated to the court. “I continued because he persuaded me.”

Asked if he wanted to make a final statement to the court, Dogan said: “I did not intend to hurt that lady.”

Pelicot's Words

The victim, who was supported upon leaving court each day by supporters gathered to back her, said to the defendant in court: “You do not grasp. When will you admit you raped me? It is unlawful to assault an unconscious woman. At what point did I give you agreement? Not once.”

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

Prosecutor's Remarks

Sie, speaking to the victim in court, said the defendant's failure to take responsibility showed that: “Shame has not yet changed sides. The community is perhaps in the process of that, possibly propelled by the societal understanding spurred by the revelation of your case.”

Sie said the defendant's claims of innocence showed how normalized violence was still common in society as part of “old-fashioned” forms of “patriarchal control”. He said: “We need to change rape culture to a culture of consent.”

The prosecutor told Dogan: “As long as you reject it, it’s not just a person, it’s an entire sordid social system that you are endorsing.”

Biographical Details

Dogan was originated from Turkey and at the age of five moved to the nation of France, where his father worked as a concierge. The testimony revealed that his father was aggressive and that Dogan began consuming marijuana aged ten. When Dogan was 17 he was caught by authorities for selling narcotics and his parent kicked him out the family house. He spent time in prison for trafficking in his young adulthood and had worked as a laborer but had experienced periods of homelessness.

He was married and had a son with a genetic condition, who he was the main caregiver for, as his spouse worked in a school canteen. The testimony revealed his wife did not know he had repeated sexual encounters outside their marriage. His defence said this was his strategy for managing with his stressful life. The defendant had told a court psychologist that once a year he sought commercial sex on his special day. His attorneys informed the court he had a medical condition caused by the stress of the first trial.