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A defendant has been found guilty on retrial of sexually assaulting Gisele Pelicot after she was sedated by her spouse – and received his incarceration period extended to a decade.

Retrial Proceedings

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

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

The testimony revealed that Dogan, a married father, made contact with Gisèle Pelicot’s spouse, the husband, in an digital platform titled “unbeknownst to her”, where the husband was recruiting men to enter his residence to assault his wife after he had drugged her into a unconscious state.

We trust the jury will declare that in this society, fundamental rights are also rights of women – that permission is individual, not transferred,” stated Gisèle Pelicot’s lawyer, her legal representative. “Agreement is received directly and not by proxy from a spouse.”

Background

The husband, a notorious sexual predators in modern French history, was handed a sentence to two decades in prison last year for incapacitating his wife at the time and bringing in numerous individuals to rape her in her home in the town of the village of Mazan over a duration of many years of their marriage.

Numerous other individuals were found guilty in a widely publicized trial last year, and the appellant was the only man to contest his conviction. He was originally sentenced to 9 years in prison, a punishment raised on Thursday to 10 years.

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

Evidence Presented

Dogan had initially sent Dominique Pelicot sexually explicit photos and then driven an hour from his residence in the region to assault Gisèle Pelicot, after notifying his wife he was leaving, the evidence indicated.

Pelicot, who was transported from segregation in prison to temporarily testify at the appeal trial, stated to the court that Dogan had known his wife had been “sedated” and he said to men by phone: “I’m looking for someone to abuse my wife after I’ve sedated her without her knowledge.”

The proceedings became a central issue for a broader debate on rape culture in society as Dogan continued to say he was innocent and had not committed rape, arguing that because Gisèle Pelicot’s husband had allowed him into the room, his actions had been acceptable.

The panel in the Nîmes appeals court was shown video evidence of the victim's unconscious figure, unconscious and snoring in a deep sleep, while a smiling Dogan engaged in violation on several occasions over a timeframe of what police said was 3.5 hours. The presiding judge said she had been at danger of fatal outcome by choking. The state's case said there was no question that she had been incapacitated and had not consented.

Defendant's Statements

The defendant told the court the videos were simply “sexual encounters” and denied it was assault. He said what he did was “an intimate behavior”, not assault. He stated the court: “I am innocent of assault.” He said the victim's husband had allowed him to the residence, and therefore it was acceptable. He said he was deceived by the husband. “I wanted to stop,” Dogan stated to the court. “I carried on because he persuaded me.”

Inquired if he wanted to make a closing remarks to the court, Dogan said: “I never wanted to injure that individual.”

Pelicot's Words

Gisèle Pelicot, who was applauded upon exiting the courtroom each day by crowds present to support her, told Dogan in court: “You fail to comprehend. When will you acknowledge you assaulted me? It is unlawful to assault an unaware woman. How could I have give you permission? Never.”

The victim, 72, became an global icon after she relinquished her right to privacy in the trial last year when she said: “Guilt ought to transfer.”

Legal Commentary

The prosecutor, addressing Gisèle Pelicot in court, said the defendant's refusal to take accountability showed that: “Shame has not yet changed sides. The community is perhaps in the process of that, perhaps motivated by the collective awareness brought by the exposure of your ordeal.”

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 “patriarchal control”. He said: “It is imperative to change rape culture to a culture of consent.”

The prosecutor addressed Dogan: “For as much as you refuse to admit it, it’s not just a person, it’s an entire unpleasant cultural framework that you are supporting.”

Personal History

Dogan was originated from Turkey and at the age of five relocated to the nation of France, where his father worked as a caretaker. The evidence indicated that his father was violent and that Dogan began using drugs aged ten. When he was seventeen he was caught by authorities for dealing drugs and his father forced him to leave the family house. He spent time in prison for drug dealing in his twenties and had worked as a laborer but had faced periods of being unhoused.

He was wed and had a son with special needs, who he was the principal carer for, as his wife worked in a institution's dining hall. The court heard his wife did not know he had repeated extramarital activities outside their union. His defence said this was his way of coping with his stressful life. Dogan had informed a court psychologist that once a year he engaged in transactional encounters on his birthday. His attorneys stated to the court he had a medical condition triggered by the stress of the original case.