🔗 Share this article

A man was declared guilty on higher court review of sexually assaulting Gisele Pelicot after she was sedated by her husband – and has had his jail term extended to a decade.

Appeal Trial

Husamettin Dogan, 44, an unemployed builder, who had appealed his initial guilty verdict last year, underwent a new trial this week at the higher court in Nîmes.

A panel of four women and five men, joined by three judges, ruled against Dogan on Thursday of sexually assaulting Pelicot in her bedroom in the south of France in the morning of June 29, 2019.

The court heard that Dogan, a married father, reached out to the victim's spouse, Dominique Pelicot, in an digital platform called “without her consent”, where the husband was seeking men to visit his house to rape his wife once he had rendered her unconscious into a deep sleep.

We expect the court will declare that in this society, human rights are also rights of women – that consent is personal, not transferred,” stated the victim's lawyer, Antoine Camus. “Agreement is received directly and not via a representative from a spouse.”

Background

The ex-husband, a notorious sex offenders in modern French history, was handed a sentence to twenty years in prison last year for drugging his spouse and bringing in numerous individuals to sexually assault her in her home in the community of the village of Mazan over a span of almost a decade of their union.

Numerous other individuals were found guilty in a notable trial last year, and the appellant was the sole individual to challenge his verdict. He was first sentenced to nine years in prison, a punishment increased on Thursday to ten years.

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

Evidence Presented

The defendant had initially sent the husband inappropriate pictures and then traveled an hour from his village in Provence to rape Gisèle Pelicot, after telling his wife he was going out, the evidence indicated.

The ex-husband, who was transported from segregation in prison to briefly testify at the hearing, told the court that Dogan had been aware his wife had been “sedated” and he said to men by phone: “I’m looking for someone to assault my wife after I’ve sedated her without her knowledge.”

The trial became a focus point for a broader debate on sexual violence norms in society as the defendant continued to say he was innocent and had not committed rape, stating that because Gisèle Pelicot’s husband had welcomed him into the residence, his actions had been justifiable.

The jury in the Nîmes appeals court was displayed recorded footage of the victim's unresponsive form, comatose and breathing heavily in a comatose state, while a smiling the perpetrator performed assault on several occasions over a duration of what police said was 3.5 hours. The presiding judge said she had been at risk of fatal outcome by suffocation. The state's case said there was no doubt that she had been unconscious and had not consented.

Accused's Testimony

The defendant stated to the court the videos were simply “sexual encounters” and rejected it was violation. He said what he did was “a consensual activity”, not assault. He stated the court: “I never raped.” He said Gisèle Pelicot’s husband had allowed him to the home, and therefore it was acceptable. He said he was deceived by the husband. “I tried to halt,” Dogan informed the court. “I continued because he reassured me.”

Questioned if he wanted to make a last words to the court, Dogan said: “I never wanted to injure that lady.”

Victim's Response

The survivor, who was cheered upon exiting the courtroom each day by onlookers gathered to stand with her, told the defendant in court: “You do not grasp. When are you going to recognise you assaulted me? It’s a crime to assault an unconscious woman. When did I ever give you permission? At no time.”

The victim, seventy-two, became an global icon after she relinquished her right to confidentiality in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

The prosecutor, speaking to Gisèle Pelicot in court, said the defendant's refusal to take accountability showed that: “Guilt has not shifted. The community is perhaps in the midst of that, maybe driven by the societal understanding brought by the revelation of your ordeal.”

The prosecutor said Dogan’s claims of blamelessness showed how rape culture was still widespread in society as part of “outdated” forms of “gender-based power”. He said: “Now we must change the culture of violence to a culture of consent.”

Sie addressed the defendant: “As long as you reject it, it’s not just a individual, it’s an complete sordid social system that you are upholding.”

Defendant's Background

The accused was born in the country of Turkey and at the age of five came to France, where his parent worked as a concierge. The evidence indicated that his father was abusive and that Dogan began smoking cannabis aged ten. When Dogan was 17 he was stopped by police for dealing drugs and his father evicted him of home. He spent time in prison for narcotics offenses in his twenties and had worked as a laborer but had faced periods of homelessness.

He was wed and had a son with special needs, who he was the primary guardian for, as his wife worked in a educational cafeteria. The testimony revealed his spouse did not know he had frequent intimate relations outside their marriage. His defence said this was his method of dealing with his difficult circumstances. The defendant had stated to a court psychologist that once a year he looked for commercial sex on his birthday. His lawyers told the court he had a medical condition resulting from the pressure of the initial proceedings.