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A defendant was convicted on higher court review of sexually assaulting Gisèle Pelicot after she was sedated by her spouse – and has had his jail term extended to 10 years.

Retrial Proceedings

Husamettin Dogan, 44, an unemployed builder, who had appealed his initial guilty verdict last year, experienced a new trial this week at the Nîmes court of appeal.

A jury of four women and five men, sitting with three judges, convicted Dogan on Thursday of raping the victim in her residence in southern France in the morning of 29 June 2019.

The evidence showed that Dogan, a married father, reached out to the victim's spouse, Dominique Pelicot, in an internet forum called “unbeknownst to her”, where Pelicot was looking for men to enter his residence to rape his wife once he had rendered her unconscious into a deep sleep.

We trust the jury will say loud and clear that in this country, fundamental rights are also rights of women – that permission is personal, not delegated,” declared the victim's lawyer, Antoine Camus. “Permission is received personally and not via a representative from a husband.”

Background

Dominique Pelicot, one of the worst sex offenders in France's contemporary records, was given a prison term to 20 years in prison last year for drugging his then wife and bringing in multiple perpetrators to rape her in her home in the Provence village of the village of Mazan over a span of almost a decade of their marriage.

Fifty other men were found convicted in a notable trial last year, and Dogan was the sole individual to challenge his verdict. He was originally handed a term to nine years in prison, a punishment enhanced on Thursday to ten years.

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

Evidence Presented

The defendant had first sent Dominique Pelicot sexually explicit photos and then traveled an hour from his town in Provence to assault the victim, after informing his wife he was stepping out, the testimony revealed.

Pelicot, who was transported from segregation in prison to briefly provide testimony at the hearing, informed the court that Dogan had understood his wife had been “sedated” and he communicated to men by phone: “I want someone to assault my wife after I’ve put her to sleep without her consent.”

The proceedings became a central issue for a broader debate on sexual violence norms in society as Dogan continued to say he was not guilty and had not perpetrated assault, contending that because Gisèle Pelicot’s husband had invited him into the bedroom, his behavior had been justifiable.

The jury in the Nîmes appeals court was shown visual proof of Gisèle Pelicot’s unconscious figure, unconscious and snoring in a deep sleep, while a grinning the perpetrator engaged in violation multiple times over a period of what authorities reported was several hours. The court official said she had been at risk of death by choking. The state prosecution said there was no question that she had been unaware and had not agreed.

Defendant's Statements

Dogan informed the court the footage were simply “sex scenes” and denied it was violation. He said what he did was “an intimate behavior”, not rape. He told the court: “I never raped.” He said the victim's husband had invited him to the home, and therefore it was acceptable. He said he was manipulated by the husband. “I attempted to cease,” Dogan told the court. “I continued because he reassured me.”

Asked if he wanted to make a final statement to the court, Dogan said: “I never wanted to injure that individual.”

Pelicot's Words

The victim, who was cheered upon exiting the courtroom each day by onlookers present to stand with her, said to Dogan in court: “You do not grasp. When will you acknowledge you raped me? It’s a crime to assault an unaware woman. At what point did I give you permission? At no time.”

The victim, seventy-two, became an global icon after she gave up her right to anonymity in the trial last year when she said: “Shame must change sides.”

State's Argument

The prosecutor, addressing Gisèle Pelicot in court, said Dogan’s failure to take responsibility showed that: “Shame has not yet changed sides. The public is maybe in the course of that, perhaps driven by the collective awareness resulting from the exposure of your case.”

The prosecutor said the defendant's claims of innocence showed how societal tolerance was still prevalent in society as part of “old-fashioned” forms of “gender-based power”. He said: “It is imperative to change rape culture to a culture of consent.”

Sie told the defendant: “As long as you refuse to admit it, it’s not just a person, it’s an entire unpleasant societal structure that you are endorsing.”

Personal History

Dogan was born in Turkey and at the age of five moved to the nation of France, where his parent worked as a concierge. The court heard that his parent was aggressive and that Dogan began consuming marijuana aged 10. When Dogan was seventeen he was apprehended by authorities for selling narcotics and his parent evicted him the residence. He served time in prison for drug dealing in his young adulthood and had worked as a builder but had experienced periods of homelessness.

He was wed and had a son with special needs, who he was the primary guardian for, as his wife worked in a school canteen. The court heard his spouse did not know he had regular intimate relations outside their marriage. His defence said this was his strategy for managing with his stressful life. The defendant had stated to a mental health expert that annually he engaged in commercial sex on his special day. His attorneys informed the court he had arthritis resulting from the stress of the original case.