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An individual has been found guilty on retrial of sexually assaulting Gisèle Pelicot following she was drugged unconscious by her then-husband – and received his jail term extended to 10 years.

Retrial Proceedings

Husamettin Dogan, 44, an unemployed builder, who had challenged his first conviction last year, faced a appeal hearing this week at the higher court in Nîmes.

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

The testimony revealed that Dogan, a married father, connected with the victim's husband at the time, Dominique Pelicot, in an internet forum called “without her consent”, where the husband was looking for men to enter his residence to assault his wife after he had sedated her into a comatose state.

We expect the panel will affirm that in this nation, fundamental rights are also women’s rights – that consent is personal, not given by another,” declared the victim's attorney, her legal representative. “Agreement is obtained directly and not via a representative from a husband.”

Context

Dominique Pelicot, a notorious sexual predators in recent French history, was sentenced to twenty years in prison last year for sedating his spouse and bringing in dozens of men to rape her in her home in the community of the village of Mazan over a duration of many years of their union.

Fifty other men were found culpable in a widely publicized trial last year, and Dogan was the only man to contest his sentence. He was originally sentenced to 9 years in prison, a sentence raised on Thursday to ten years.

The lead state prosecutor, the prosecutor, had stated he should serve 12 years, because he “absolutely refuses to take any accountability”.

Evidence Presented

Dogan had first sent the husband graphic images and then traveled an hour from his town in the region to assault Gisèle Pelicot, after notifying his wife he was leaving, the testimony revealed.

Pelicot, who was brought from segregation in prison to temporarily give evidence at the appeal trial, told the court that the accused had understood his wife had been “incapacitated” and he told to men by phone: “I want someone to abuse my wife after I’ve sedated her without her knowledge.”

The trial became a key topic for a broader debate on societal attitudes in society as Dogan continued to claim he was blameless and had not engaged in violation, stating that because the victim's husband had welcomed him into the residence, his behavior had been permissible.

The panel in the Nîmes appeals court was shown recorded footage of the victim's unresponsive form, sedated and breathing heavily in a deep sleep, while a grinning Dogan committed rape multiple times over a timeframe of what investigators stated was several hours. The judge said she had been at peril of fatal outcome by suffocation. The state prosecution said there was absolute certainty that she had been incapacitated and had not agreed.

Accused's Testimony

The defendant told the court the recordings were simply “sex scenes” and disputed it was assault. He said what he did was “a sexual act”, 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 acceptable. He said he was deceived by Dominique Pelicot. “I attempted to cease,” Dogan told the court. “I carried on because he reassured me.”

Inquired if he wanted to make a closing remarks to the court, the defendant said: “I had no desire to harm that individual.”

Survivor's Statement

The victim, who was cheered upon departing the trial each day by crowds present to support her, told the defendant in court: “You fail to comprehend. When will you admit you raped me? It is illegal to rape an unconscious woman. When did I ever give you agreement? Never.”

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

Prosecutor's Remarks

The prosecutor, speaking to the victim in court, said Dogan’s refusal to take responsibility showed that: “Guilt has not shifted. Society is perhaps in the midst of that, perhaps propelled by the collective awareness resulting from the publication of your situation.”

Sie said the defendant's claims of blamelessness showed how rape culture was still common in society as part of “outdated” forms of “patriarchal control”. He said: “Now we must change the culture of violence to a ethos of permission.”

Sie told Dogan: “For as much as you refuse to admit it, it’s not just a person, it’s an whole sordid societal structure that you are supporting.”

Personal History

Dogan was born in the country of Turkey and at the age of five relocated to the nation of France, where his father worked as a concierge. The court heard that his father was abusive and that Dogan began using drugs at the age of 10. When Dogan was 17 he was stopped by authorities for drug trafficking and his parent evicted him the family house. He was incarcerated in prison for narcotics offenses in his young adulthood and had worked as a builder but had experienced periods of homelessness.

He was wed and had a child with Down’s syndrome, who he was the principal carer for, as his spouse worked in a school canteen. The evidence showed his wife did not know he had repeated sexual encounters outside their union. His defence said this was his strategy for managing with his difficult circumstances. The defendant had stated to a court psychologist that annually he looked for paid sex on his birthday. His legal representatives stated to the court he had joint inflammation triggered by the anxiety of the initial proceedings.