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A defendant has been found guilty on appeal of sexually assaulting Gisèle Pelicot following she was drugged unconscious by her husband – and received his prison sentence extended to a decade.

Appeal Trial

Husamettin Dogan, forty-four, an out-of-work construction worker, who had challenged his first conviction last year, underwent a new trial this week at the appeals court in Nîmes.

A jury of nine jurors, joined by three judges, found Dogan guilty on Thursday of sexually assaulting Pelicot in her home in southern France in the morning of June 29, 2019.

The evidence showed that Dogan, a married father, reached out to the victim's spouse, the husband, in an online chatroom named “without her knowledge”, where the husband was recruiting men to visit his house to assault his wife after he had rendered her unconscious into a unconscious state.

We expect the court will say loud and clear that in this society, human rights are also women’s rights – that agreement is individual, not given by another,” declared Gisèle Pelicot’s attorney, her legal representative. “Permission is secured personally and not through someone else from a husband.”

Case History

The ex-husband, a notorious sex offenders in France's contemporary records, 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 Mazan over a period of almost a decade of their marriage.

Dozens of additional defendants were found culpable in a notable trial last year, and Dogan was the sole individual to contest his conviction. He was originally handed a term to 9 years in prison, a penalty raised on Thursday to ten years.

The chief prosecutor, the prosecutor, had contended he should serve 12 years, because he “completely denies to take any responsibility”.

Testimony and Proof

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

Pelicot, who was brought from segregation in prison to temporarily give evidence at the appeal trial, stated to the court that Dogan had known his wife had been “sedated” and he told to men by phone: “I’m looking for someone to violate my wife after I’ve put her to sleep without her consent.”

The trial became a focus point for a wider discussion on sexual violence norms in society as the defendant continued to claim he was innocent and had not engaged in violation, arguing that because Gisèle Pelicot’s husband had welcomed him into the bedroom, his conduct had been permissible.

The jury in the higher court was presented with video evidence of Gisèle Pelicot’s limp body, sedated and breathing heavily in a unconscious condition, while a smiling the perpetrator engaged in violation multiple times over a timeframe of what investigators stated was three and a half hours. The court official said she had been at peril of fatal outcome by asphyxiation. The state's case said there was absolute certainty that she had been unconscious and had not given permission.

Defendant's Statements

The defendant stated to the court the footage were simply “sex scenes” and disputed it was violation. He said what he did was “a sexual act”, not assault. He stated the court: “I did not commit rape.” He said the victim's husband had brought him to the home, and therefore it was OK. He said he was manipulated by the husband. “I attempted to cease,” Dogan told the court. “I continued because he persuaded me.”

Inquired if he wanted to make a closing remarks to the court, Dogan said: “I did not intend to hurt that individual.”

Pelicot's Words

The victim, who was applauded upon leaving court each day by onlookers gathered to stand with her, told the defendant in court: “You haven’t understood. When will you acknowledge you raped me? It is unlawful to assault an incapacitated woman. At what point did I give you consent? At no time.”

The victim, 72, became an symbol of resistance after she waived her right to confidentiality in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

Sie, addressing the victim in court, said the defendant's refusal to take accountability showed that: “Shame has not yet changed sides. The public is perhaps in the course of that, perhaps motivated by the collective awareness resulting from the exposure of your situation.”

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

Sie addressed the defendant: “While you refuse to admit it, it’s not just a individual, it’s an complete disturbing cultural framework that you are supporting.”

Personal History

Dogan was originated from the country of Turkey and at the age of 5 came to France, where his father worked as a caretaker. The evidence indicated that his parent was aggressive and that Dogan began smoking cannabis at the age of ten. When Dogan was 17 he was caught by authorities for dealing drugs and his parent kicked him out the family house. He spent time in prison for drug dealing in his young adulthood and had worked as a construction worker but had faced periods of living on the streets.

He was wed and had a child with a genetic condition, who he was the primary guardian for, as his spouse worked in a educational cafeteria. The court heard his spouse did not know he had repeated extramarital activities beyond their marriage. His defence said this was his method of dealing with his challenging existence. The defendant had informed a mental health expert that each year he looked for paid sex on his birthday. His legal representatives informed the court he had joint inflammation triggered by the anxiety of the first trial.