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A man was convicted on appeal of sexually assaulting Gisèle Pelicot after she was drugged unconscious by her spouse – and has had his jail term raised to ten years.

Higher Court Case

Husamettin Dogan, forty-four, an unemployed builder, who had contested his first conviction last year, experienced a new trial this week at the Nîmes court of appeal.

A jury of four women and five men, joined by three judges, convicted Dogan on Thursday of sexually assaulting Pelicot in her home in the south of France in the early hours of June 29, 2019.

The testimony revealed that Dogan, a married father, made contact with the victim's then husband, Dominique Pelicot, in an digital platform named “without her consent”, where the husband was looking for men to come to his home to rape his wife after he had sedated her into a unconscious state.

“We hope the jury will declare that in this nation, fundamental rights are also rights of women – that agreement is individual, not transferred,” declared Gisèle Pelicot’s lawyer, Antoine Camus. “Agreement is received personally and not through someone else from a spouse.”

Context

Dominique Pelicot, among the most severe sexual predators in France's contemporary records, was given a prison term to twenty years in prison last year for drugging his then wife and soliciting dozens of men to rape her in her home in the community of Mazan over a duration of almost a decade of their marriage.

Fifty other men were found culpable in a widely publicized trial last year, and Dogan was the sole individual to contest his conviction. He was initially given a sentence to nine years in prison, a punishment increased on Thursday to ten years.

The state's attorney, the prosecutor, had stated he should serve twelve years, because he “stubbornly rejects to take any accountability”.

Courtroom Details

Dogan had initially sent the husband graphic images and then driven an hour from his village in Provence to assault the victim, after informing his wife he was leaving, the testimony revealed.

The ex-husband, who was brought from solitary confinement in prison to temporarily provide testimony at the appeal trial, told the court that Dogan had known his wife had been “sedated” and he communicated to men by phone: “I’m looking for someone to abuse my wife after I’ve put her to sleep unbeknownst to her.”

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

The panel in the Nîmes appeals court was displayed video evidence of the victim's unresponsive form, sedated and breathing heavily in a deep sleep, while a smiling Dogan performed assault on several occasions over a period of what investigators stated was three and a half hours. The presiding judge said she had been at danger of death by asphyxiation. The state's case said there was no doubt that she had been unconscious and had not agreed.

Accused's Testimony

The defendant told the court the footage were simply “sexual encounters” and denied it was rape. He said what he did was “a consensual activity”, not assault. He stated the court: “I am innocent of assault.” He said the victim's husband had invited him to the house, and therefore it was permissible. He said he was influenced by the husband. “I tried to halt,” Dogan stated to the court. “I carried on because he reassured me.”

Inquired if he wanted to make a final statement to the court, Dogan said: “I had no desire to harm that lady.”

Victim's Response

The victim, who was applauded upon leaving court each day by supporters present to back her, told Dogan in court: “You do not grasp. When will you admit you raped me? It’s a crime to assault an unaware woman. When did I ever give you permission? At no time.”

The victim, 72, became an global icon after she waived her right to privacy in the trial last year when she said: “Shame must change sides.”

Legal Commentary

Sie, addressing Gisèle Pelicot in court, said the defendant's unwillingness to take accountability showed that: “Shame has not yet changed sides. Society is possibly in the course of that, maybe propelled by the public consciousness spurred by the exposure of your situation.”

The prosecutor said the defendant's claims of non-guilt showed how normalized violence was still prevalent in society as part of “outdated” forms of “gender-based power”. He said: “It is imperative to change rape culture to a culture of consent.”

Sie addressed Dogan: “For as much as you refuse to admit it, it’s not just a woman, it’s an entire disturbing cultural framework that you are endorsing.”

Personal History

The accused was born in the country of Turkey and at the age of 5 moved to the nation of France, where his parent worked as a building manager. The testimony revealed that his father was aggressive and that Dogan began smoking cannabis aged 10. When Dogan was 17 he was apprehended by police for drug trafficking and his father kicked him out the residence. He served time in prison for narcotics offenses in his young adulthood and had worked as a laborer but had undergone periods of being unhoused.

He was married and had a son with special needs, who he was the principal carer for, as his spouse worked in a educational cafeteria. The evidence showed his wife did not know he had repeated extramarital activities outside their marriage. His legal team said this was his method of dealing with his difficult circumstances. The defendant had informed a mental health expert that each year he looked for commercial sex on his special day. His attorneys told the court he had joint inflammation triggered by the anxiety of the initial proceedings.