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An individual was declared guilty on retrial of sexually assaulting Gisèle Pelicot following she was drugged unconscious by her spouse – and has had his jail term raised to ten years.

Retrial Proceedings

Husamettin Dogan, 44, an out-of-work construction worker, who had challenged his initial guilty verdict last year, underwent a appeal hearing this week at the higher court in Nîmes.

A panel of five men and four women, sitting with three judges, ruled against Dogan on Thursday of sexually assaulting the victim in her residence in Provence in the morning of June 29, 2019.

The testimony revealed that the accused, a married father, made contact with Gisèle Pelicot’s then husband, Dominique Pelicot, in an digital platform named “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 society, fundamental rights are also rights of women – that permission is personal, not given by another,” stated the victim's lawyer, her legal representative. “Agreement is secured personally and not by proxy from a husband.”

Background

Dominique Pelicot, one of the worst sex offenders in modern French history, was sentenced to 20 years in prison last year for sedating his then wife and inviting multiple perpetrators to rape her in her home in the community of the village of Mazan over a span of nearly ten years of their union.

Dozens of additional defendants were found culpable in a widely publicized trial last year, and Dogan was the single defendant to challenge his verdict. He was initially handed a term to 9 years in prison, a sentence enhanced on Thursday to ten years.

The lead state prosecutor, Dominique Sie, had stated he should serve 12 years, because he “completely denies to take any accountability”.

Testimony and Proof

The defendant had first sent the husband graphic images and then traveled an hour from his town in Provence to rape Gisèle Pelicot, after notifying his wife he was stepping out, the evidence indicated.

The ex-husband, who was brought from segregation in prison to temporarily testify at the retrial, stated to the court that Dogan had known his wife had been “drugged” and he said to men by phone: “I seek someone to assault my wife after I’ve rendered her unconscious unbeknownst to her.”

The proceedings became a central issue for a wider discussion on societal attitudes in society as the defendant continued to assert he was not guilty and had not perpetrated assault, contending that because the victim's husband had allowed him into the residence, his behavior had been acceptable.

The panel in the Nîmes appeals court was presented with video evidence of the victim's unresponsive form, sedated and snoring in a unconscious condition, while a smiling Dogan committed rape repeatedly over a duration of what investigators stated was several hours. The judge said she had been at risk of fatal outcome by asphyxiation. The prosecution said there was no doubt that she had been unconscious and had not given permission.

Defendant's Statements

Dogan told the court the videos were simply “intimate moments” and disputed it was assault. He said what he did was “a consensual activity”, not rape. He stated the court: “I never raped.” He said Gisèle Pelicot’s husband had brought him to the house, and therefore it was OK. He said he was manipulated by the husband. “I tried to halt,” Dogan told the court. “I carried on because he reassured me.”

Inquired if he wanted to make a last words to the court, the defendant said: “I never wanted to harm that individual.”

Survivor's Statement

The survivor, who was supported upon leaving court each day by supporters present to stand with her, addressed Dogan in court: “You fail to comprehend. When will you admit you violated me? It’s a crime to assault an incapacitated woman. When did I ever give you agreement? Not once.”

Gisèle Pelicot, 72, became an global icon after she relinquished her right to confidentiality in the trial last year when she said: “Shame must change sides.”

Legal Commentary

The prosecutor, turning to Gisèle Pelicot in court, said Dogan’s failure to take responsibility showed that: “Shame has not yet changed sides. The public is perhaps in the course of that, maybe motivated by the societal understanding spurred by the publication of your ordeal.”

The prosecutor said Dogan’s claims of non-guilt showed how normalized violence was still widespread in society as part of “old-fashioned” forms of “gender-based power”. He said: “We need to change rape culture to a ethos of permission.”

Sie addressed the defendant: “As long as you refuse to admit it, it’s not just a woman, it’s an whole disturbing cultural framework that you are supporting.”

Personal History

The accused was born in Turkey and at the age of 5 came to France, where his father worked as a building manager. The court heard that his parent was aggressive and that Dogan began smoking cannabis at the age of ten. When Dogan was 17 he was stopped by authorities for selling narcotics and his parent forced him to leave the residence. He served time in prison for trafficking in his twenties and had worked as a builder but had faced periods of homelessness.

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 court heard his wife did not know he had repeated extramarital activities beyond their union. His legal team said this was his method of dealing with his challenging existence. The defendant had informed a evaluator that each year he sought transactional encounters on his special day. His lawyers stated to the court he had arthritis triggered by the pressure of the initial proceedings.