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A man has been found guilty on higher court review of sexually assaulting Gisèle Pelicot following she was drugged unconscious by her then-husband – and has had his incarceration period increased to ten years.

Appeal Trial

Husamettin Dogan, 44, an out-of-work construction worker, who had contested his initial guilty verdict last year, faced a appeal hearing this week at the appeals court in Nîmes.

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

The testimony revealed that the accused, a family man, reached out to the victim's then husband, Dominique Pelicot, in an digital platform titled “unbeknownst to her”, where Pelicot was looking for men to enter his residence to assault his wife after he had rendered her unconscious into a comatose state.

We expect the court will affirm that in this country, fundamental rights are also rights of women – that agreement is personal, not delegated,” stated the victim's attorney, Antoine Camus. “Consent is received personally and not via a representative from a spouse.”

Background

The husband, one of the worst sex offenders in recent French history, was handed a sentence to twenty years in prison last year for incapacitating his spouse 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 many years of their union.

Fifty other men were found convicted in a notable trial last year, and Dogan was the only man to challenge his verdict. He was originally given a sentence to 9 years in prison, a sentence raised on Thursday to ten years.

The chief prosecutor, Dominique Sie, had contended he should serve twelve years, because he “stubbornly rejects to take any responsibility”.

Testimony and Proof

The defendant had initially sent Dominique Pelicot sexually explicit photos and then driven an hour from his residence in the region to assault Gisèle Pelicot, after telling his wife he was leaving, the testimony revealed.

The ex-husband, who was transported from isolation in prison to briefly testify at the appeal trial, told the court that Dogan had known his wife had been “drugged” and he said to men by phone: “I want someone to violate my wife after I’ve rendered her unconscious without her knowledge.”

The proceedings became a key topic for a larger conversation on societal attitudes in society as the defendant continued to assert he was not guilty and had not engaged in violation, stating that because Gisèle Pelicot’s husband had invited him into the bedroom, his conduct had been permissible.

The panel in the Nîmes appeals court was presented with video evidence of the victim's limp body, unconscious and breathing heavily in a deep sleep, while a grinning the perpetrator engaged in violation repeatedly over a duration of what investigators stated was three and a half hours. The judge said she had been at peril of death by asphyxiation. The state prosecution said there was no doubt that she had been unaware and had not agreed.

Accused's Testimony

Dogan stated to the court the recordings were simply “sex scenes” and disputed it was violation. He said what he did was “a sexual act”, not rape. He stated the court: “I never raped.” He said Gisèle Pelicot’s husband had invited him to the residence, and therefore it was permissible. He said he was deceived by the husband. “I wanted to stop,” Dogan informed the court. “I carried on because he convinced me.”

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

Victim's Response

The survivor, who was cheered upon departing the trial each day by supporters present to stand with her, said to the defendant in court: “You do not grasp. When will you acknowledge you raped me? It’s a crime to assault an unconscious woman. At what point did I give you consent? At no time.”

The victim, 72, became an symbol of resistance after she gave up her right to privacy in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

Sie, turning to Gisèle Pelicot in court, said Dogan’s failure to take responsibility showed that: “The shame remains. The community is possibly in the midst of that, perhaps motivated by the collective awareness brought by the revelation of your situation.”

The prosecutor said Dogan’s claims of non-guilt showed how societal tolerance was still prevalent in society as part of “old-fashioned” forms of “gender-based power”. He said: “Now we must change the culture of violence to a society based on agreement.”

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

Biographical Details

The accused was originated from Turkey and at the age of 5 moved to France, where his father worked as a caretaker. The testimony revealed that his father was violent and that Dogan began using drugs at the age of ten. When he was seventeen he was apprehended by authorities for selling narcotics and his father kicked him out of home. He spent time in prison for trafficking in his early 20s and had worked as a builder but had undergone 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 evidence showed his spouse did not know he had regular intimate relations outside their union. His legal team said this was his strategy for managing with his difficult circumstances. The defendant had informed a evaluator that annually he engaged in commercial sex on his special day. His lawyers stated to the court he had a medical condition caused by the pressure of the original case.