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An individual was declared guilty on appeal of sexually assaulting Gisèle Pelicot following she was sedated by her spouse – and has had his prison sentence extended to a decade.

Higher Court Case

Husamettin Dogan, 44, an unemployed builder, who had appealed his first conviction last year, faced a new trial this week at the Nîmes court of appeal.

A panel of nine jurors, joined by three judges, found Dogan guilty on Thursday of raping the victim in her home in the south of France in the morning of June 29, 2019.

The court heard that Dogan, a married father, made contact with the victim's then husband, the husband, in an online chatroom titled “without her consent”, where Pelicot was seeking men to come to his home to assault his wife after he had drugged her into a unconscious state.

“We hope the jury will say loud and clear that in this society, fundamental rights are also women’s rights – that agreement is personal, not transferred,” stated the victim's lawyer, Antoine Camus. “Permission is obtained personally and not via a representative from a spouse.”

Case History

Dominique Pelicot, a notorious sexual predators in recent French history, was given a prison term to twenty years in prison last year for incapacitating his spouse and inviting multiple perpetrators to sexually assault her in her home in the Provence village of the village of Mazan over a span of almost a decade of their union.

Fifty other men were found convicted in a notable trial last year, and the appellant was the single defendant to appeal against his conviction. He was originally handed a term to 9 years in prison, a punishment raised on Thursday to 10 years.

The chief prosecutor, the prosecutor, had argued he should serve 12 years, because he “stubbornly rejects to take any accountability”.

Evidence Presented

The defendant had initially sent the husband inappropriate pictures and then traveled an hour from his residence in Provence to rape the victim, after informing his wife he was stepping out, the testimony revealed.

The ex-husband, who was transported from segregation in prison to briefly provide testimony at the hearing, informed the court that Dogan had known his wife had been “incapacitated” and he said to men by phone: “I want someone to assault my wife after I’ve rendered her unconscious without her knowledge.”

The courtroom became a focus point for a larger conversation on sexual violence norms in society as the defendant continued to claim he was not guilty and had not committed rape, arguing that because Gisèle Pelicot’s husband had allowed him into the residence, his conduct had been justifiable.

The panel in the Nîmes appeals court was shown video evidence of the victim's unresponsive form, sedated and snoring in a comatose state, while a smiling the perpetrator committed rape on several occasions over a period of what police said was several hours. The presiding judge said she had been at peril of death by choking. The prosecution said there was no question that she had been incapacitated and had not agreed.

Defendant's Statements

Dogan informed the court the footage were simply “sexual encounters” and disputed it was rape. He said what he did was “an intimate behavior”, not assault. He declared the court: “I never raped.” 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 proceeded because he convinced me.”

Asked if he wanted to make a last words to the court, the defendant said: “I did not intend to injure that lady.”

Pelicot's Words

The survivor, who was cheered upon leaving court each day by supporters gathered to back her, said to Dogan in court: “You haven’t understood. When will you acknowledge you assaulted me? It is illegal to rape an unconscious woman. How could I have give you permission? 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: “Shame must change sides.”

State's Argument

The prosecutor, turning to Gisèle Pelicot in court, said Dogan’s refusal to take blame showed that: “Shame has not yet changed sides. Society is maybe in the midst of that, possibly driven by the collective awareness spurred by the publication of your situation.”

The prosecutor said the defendant's claims of blamelessness showed how normalized violence was still common in society as part of “outdated” forms of “male domination”. He said: “We need to change the culture of violence to a society based on agreement.”

Sie addressed Dogan: “While you deny it, it’s not just a individual, it’s an complete disturbing social system that you are endorsing.”

Defendant's Background

The accused was originated from Turkey and at the age of 5 moved to the nation of France, where his father worked as a building manager. The court heard that his parent was violent and that the defendant began consuming marijuana aged ten. When Dogan was 17 he was caught by police for selling narcotics and his parent kicked him out the residence. He was incarcerated in prison for narcotics offenses in his twenties and had worked as a laborer but had experienced periods of living on the streets.

He was wed and had a son with special needs, who he was the main caregiver for, as his spouse worked in a institution's dining hall. The evidence showed his wife did not know he had repeated intimate relations outside their marriage. His defence said this was his method of dealing with his challenging existence. Dogan had informed a mental health expert that annually he sought paid sex on his special day. His attorneys told the court he had a medical condition resulting from the pressure of the initial proceedings.