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An individual has been found guilty on higher court review of sexually assaulting Gisèle Pelicot after she was drugged unconscious by her then-husband – and was given his incarceration period raised to ten years.

Higher Court Case

Husamettin Dogan, 44, an unemployed builder, who had appealed his first conviction last year, underwent a appeal hearing this week at the higher court in Nîmes.

A panel of four women and five men, sitting with three judges, convicted Dogan on Thursday of raping the victim in her residence in the south of France in the early hours of June 29, 2019.

The evidence showed that the accused, a family man, connected with the victim's spouse, the husband, in an digital platform called “unbeknownst to her”, where Pelicot was looking for men to come to his home to rape his wife once he had drugged her into a unconscious state.

We trust the court will affirm that in this country, fundamental rights are also women’s rights – that permission is personal, not transferred,” said the victim's attorney, her legal representative. “Consent is secured personally and not through someone else from a husband.”

Background

Dominique Pelicot, a notorious sexual predators in modern French history, was given a prison term to twenty years in prison last year for drugging his then wife and bringing in dozens of men to rape her in her home in the community of Mazan over a duration of almost a decade of their union.

Fifty other men were found convicted in a widely publicized trial last year, and Dogan was the single defendant to challenge his sentence. He was first handed a term to 9 years in prison, a penalty increased on Thursday to ten years.

The state's attorney, Dominique Sie, had argued he should serve 12 years, because he “completely denies to take any responsibility”.

Courtroom Details

Dogan had initially sent Dominique Pelicot sexually explicit photos and then traveled an hour from his town in the region to rape Gisèle Pelicot, after informing his wife he was stepping out, the evidence indicated.

Pelicot, who was transported from segregation in prison to briefly testify at the retrial, told the court that the accused had known his wife had been “incapacitated” and he said to men by phone: “I’m looking for someone to abuse my wife after I’ve rendered her unconscious without her consent.”

The proceedings became a key topic for a wider discussion on sexual violence norms in society as the defendant continued to assert he was blameless and had not engaged in violation, contending that because the victim's husband had welcomed him into the room, his conduct had been permissible.

The panel in the higher court was presented with recorded footage of Gisèle Pelicot’s unconscious figure, sedated and snoring in a comatose state, while a grinning the perpetrator engaged in violation multiple times over a duration of what authorities reported was 3.5 hours. The judge said she had been at danger of fatal outcome by choking. The state's case said there was no question that she had been unconscious and had not agreed.

Defendant's Statements

Dogan told the court the footage were simply “sex scenes” and disputed it was rape. He said what he did was “an intimate behavior”, not assault. He told the court: “I never raped.” He said Gisèle Pelicot’s husband had allowed him to the home, and therefore it was OK. He said he was influenced by the husband. “I attempted to cease,” the accused told the court. “I continued because he reassured me.”

Asked if he wanted to make a closing remarks to the court, Dogan said: “I never wanted to injure that woman.”

Victim's Response

The survivor, who was cheered upon exiting the courtroom each day by onlookers assembled to support her, addressed Dogan in court: “You haven’t understood. When will you acknowledge you violated me? It’s a crime to rape an unaware woman. At what point did I give you permission? At no time.”

The victim, seventy-two, became an symbol of resistance after she waived her right to anonymity in the trial last year when she said: “The shame should shift.”

Legal Commentary

Sie, turning to the victim in court, said the defendant's failure to take accountability showed that: “Shame has not yet changed sides. The community is maybe in the process of that, possibly propelled by the societal understanding brought by the revelation of your situation.”

Sie said Dogan’s claims of blamelessness showed how societal tolerance was still widespread in society as part of “outdated” forms of “patriarchal control”. He said: “We need to change rape culture to a ethos of permission.”

Sie addressed Dogan: “For as much as you refuse to admit it, it’s not just a person, it’s an complete sordid cultural framework that you are endorsing.”

Biographical Details

Dogan was originated from the country of Turkey and at the age of 5 relocated to France, where his father worked as a caretaker. The testimony revealed that his father was abusive and that the defendant began consuming marijuana aged 10. When he was 17 he was caught by police for dealing drugs and his father kicked him out the family house. He served time in prison for trafficking in his young adulthood and had worked as a builder but had undergone periods of homelessness.

He was wed and had a son with a genetic condition, who he was the principal carer for, as his spouse worked in a institution's dining hall. The testimony revealed his wife did not know he had regular sexual encounters beyond their marriage. His legal team said this was his method of dealing with his challenging existence. Dogan had told a evaluator that each year he looked for paid sex on his birthday. His attorneys informed the court he had joint inflammation resulting from the pressure of the first trial.