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An individual was convicted on higher court review of sexually assaulting Gisèle Pelicot after she was sedated by her husband – and received his prison sentence increased to 10 years.

Higher Court Case

Husamettin Dogan, 44, an unemployed builder, who had contested his first conviction last year, underwent a new trial this week at the appeals court in Nîmes.

A panel of nine jurors, accompanied by three judges, ruled against Dogan on Thursday of raping Pelicot in her home in southern France in the early hours of June 29, 2019.

The court heard that the accused, a family man, made contact with Gisèle Pelicot’s spouse, Dominique Pelicot, in an online chatroom titled “unbeknownst to her”, where the husband was recruiting men to come to his home to rape his wife after he had rendered her unconscious into a unconscious state.

We trust the court will declare that in this nation, human rights are also rights of women – that permission is personal, not transferred,” stated the victim's lawyer, her legal representative. “Permission is secured personally and not via a representative from a spouse.”

Background

The husband, a notorious sex offenders in modern French history, was handed a sentence to two decades in prison last year for incapacitating his wife at the time and inviting numerous individuals to sexually assault her in her home in the Provence village of the village of Mazan over a period of almost a decade of their marriage.

Fifty other men were found convicted in a notable trial last year, and Dogan was the only man to appeal against his sentence. He was originally given a sentence to 9 years in prison, a sentence raised on Thursday to 10 years.

The lead state prosecutor, the prosecutor, had contended he should serve twelve years, because he “absolutely refuses to take any responsibility”.

Courtroom Details

The defendant had first sent Dominique Pelicot inappropriate pictures and then driven an hour from his village in the region to assault Gisèle Pelicot, after informing his wife he was going out, the evidence indicated.

Pelicot, who was brought from segregation in prison to briefly give evidence at the appeal trial, informed the court that Dogan had known his wife had been “sedated” and he communicated to men by phone: “I seek someone to assault my wife after I’ve sedated her unbeknownst to her.”

The courtroom became a focus point for a larger conversation on rape culture in society as Dogan continued to claim he was not guilty and had not engaged in violation, stating that because the victim's husband had welcomed him into the bedroom, his behavior had been justifiable.

The panel in the Nîmes appeals court was presented with visual proof of Gisèle Pelicot’s limp body, comatose and breathing heavily in a deep sleep, while a smiling Dogan performed assault repeatedly over a timeframe of what investigators stated was three and a half hours. The judge said she had been at danger of death by asphyxiation. The state's case said there was absolute certainty that she had been unconscious and had not given permission.

Defendant's Statements

Dogan informed the court the videos were simply “sex scenes” and denied it was violation. He said what he did was “a consensual activity”, not rape. He stated the court: “I did not commit rape.” He said the victim's husband had allowed him to the house, and therefore it was OK. He said he was influenced by Dominique Pelicot. “I wanted to stop,” Dogan told the court. “I carried on because he convinced me.”

Inquired if he wanted to make a closing remarks to the court, Dogan said: “I did not intend to harm that lady.”

Pelicot's Words

The survivor, who was cheered upon exiting the courtroom each day by crowds assembled to back her, told the defendant in court: “You do not grasp. When will you admit you violated me? It’s a crime to rape an unconscious woman. When did I ever give you consent? Not once.”

Gisèle Pelicot, seventy-two, became an global icon after she gave up her right to privacy in the trial last year when she said: “The shame should shift.”

Legal Commentary

The prosecutor, turning to Gisèle Pelicot in court, said Dogan’s unwillingness to take accountability showed that: “The shame remains. The community is perhaps in the course of that, perhaps motivated by the public consciousness spurred by the exposure of your case.”

Sie said the defendant's claims of non-guilt showed how rape culture was still common in society as part of “old-fashioned” forms of “patriarchal control”. He said: “It is imperative to change the culture of violence to a ethos of permission.”

The prosecutor told the defendant: “As long as you refuse to admit it, it’s not just a individual, it’s an entire disturbing societal structure that you are upholding.”

Defendant's Background

Dogan was originated from the country of Turkey and at the age of five came to France, where his parent worked as a concierge. The court heard that his parent was abusive and that Dogan began using drugs at the age of 10. When he was 17 he was stopped by police for selling narcotics and his parent kicked him out the residence. He was incarcerated in prison for narcotics offenses in his young adulthood and had worked as a construction worker but had undergone periods of homelessness.

He was married and had a child with a genetic condition, who he was the primary guardian for, as his spouse worked in a educational cafeteria. The evidence showed his spouse did not know he had frequent extramarital activities outside their marriage. His legal team said this was his way of coping with his challenging existence. Dogan had stated to a mental health expert that annually he engaged in paid sex on his special day. His legal representatives stated to the court he had joint inflammation triggered by the anxiety of the first trial.