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A defendant was declared guilty on higher court review of sexually assaulting Gisele Pelicot following she was drugged unconscious by her then-husband – and has had his jail term increased to ten years.

Higher Court Case

Husamettin Dogan, forty-four, an unemployed builder, who had challenged his first conviction last year, faced a retrial this week at the higher court in Nîmes.

A panel of five men and four women, accompanied by three judges, ruled against Dogan on Thursday of raping the victim in her residence in southern France in the morning of 29 June 2019.

The testimony revealed that the accused, a married father, reached out to the victim's spouse, Dominique Pelicot, in an internet forum named “without her consent”, where the husband was seeking men to visit his house to rape his wife after he had rendered her unconscious into a deep sleep.

We expect the jury will affirm that in this nation, human rights are also rights of women – that consent is individual, not delegated,” stated Gisèle Pelicot’s lawyer, her legal representative. “Permission is obtained directly and not by proxy from a spouse.”

Context

The ex-husband, a notorious sexual predators in modern French history, was sentenced to 20 years in prison last year for drugging his then wife and inviting multiple perpetrators to rape her in her home in the community of Mazan over a duration of nearly ten years of their union.

Fifty other men were found culpable in a widely publicized trial last year, and the appellant was the only man to challenge his conviction. He was initially handed a term to nine years in prison, a sentence enhanced on Thursday to 10 years.

The chief prosecutor, the prosecutor, had stated he should serve twelve years, because he “completely denies to take any blame”.

Courtroom Details

Dogan had first sent Dominique Pelicot graphic images and then driven an hour from his village in Provence to rape Gisèle Pelicot, after informing his wife he was stepping out, the court heard.

Pelicot, who was transported from solitary confinement in prison to temporarily give evidence at the appeal trial, stated to the court that Dogan had understood his wife had been “drugged” and he said to men by phone: “I seek someone to abuse my wife after I’ve rendered her unconscious unbeknownst to her.”

The proceedings became a key topic for a wider discussion on rape culture in society as the defendant continued to claim he was blameless and had not committed rape, arguing that because Gisèle Pelicot’s husband had allowed him into the residence, his actions had been acceptable.

The jury in the higher court was presented with visual proof of the victim's unresponsive form, comatose and breathing heavily in a deep sleep, while a grinning the perpetrator performed assault on several occasions over a duration of what investigators stated was 3.5 hours. The judge said she had been at risk of fatal outcome by asphyxiation. The state prosecution said there was no doubt that she had been unconscious and had not given permission.

Accused's Testimony

The defendant informed the court the recordings were simply “sex scenes” and rejected it was violation. He said what he did was “a consensual activity”, not assault. He told the court: “I did not commit rape.” He said the victim's husband had brought him to the residence, and therefore it was permissible. He said he was manipulated by the husband. “I wanted to stop,” the accused told the court. “I carried on because he convinced me.”

Inquired if he wanted to make a closing remarks to the court, the defendant said: “I never wanted to hurt that lady.”

Survivor's Statement

The victim, who was applauded upon leaving court each day by supporters gathered to support her, told Dogan in court: “You do not grasp. When will you acknowledge you violated me? It is illegal to rape an incapacitated woman. At what point did I give you agreement? Never.”

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

Prosecutor's Remarks

The prosecutor, turning to the victim in court, said Dogan’s refusal to take blame showed that: “Guilt has not shifted. Society is perhaps in the process of that, maybe driven by the public consciousness spurred by the publication of your case.”

The prosecutor said the defendant's claims of innocence showed how societal tolerance was still common in society as part of “outdated” forms of “patriarchal control”. He said: “We need to change the culture of violence to a society based on agreement.”

Sie addressed the defendant: “While you reject it, it’s not just a person, it’s an complete sordid societal structure 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 building manager. The testimony revealed that his father was aggressive and that the defendant began smoking cannabis at the age of 10. When he was seventeen he was stopped by police for drug trafficking and his parent evicted him the family house. He spent time in prison for drug dealing in his twenties and had worked as a construction worker but had undergone periods of living on the streets.

He was married and had a child with a genetic condition, who he was the primary guardian for, as his wife worked in a school canteen. The court heard his wife did not know he had repeated intimate relations outside their union. His legal team said this was his method of dealing with his difficult circumstances. The defendant had stated to a evaluator that once a year he looked for transactional encounters on his birthday. His attorneys told the court he had joint inflammation caused by the anxiety of the initial proceedings.