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An individual was convicted on higher court review of sexually assaulting Gisèle Pelicot after she was sedated by her spouse – and was given his incarceration period raised to 10 years.

Higher Court Case

Husamettin Dogan, forty-four, an out-of-work construction worker, who had contested his first conviction last year, underwent a new trial this week at the higher court in Nîmes.

A panel of nine jurors, accompanied by three judges, found Dogan guilty on Thursday of sexually assaulting the victim in her home 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 husband at the time, the husband, in an online chatroom called “without her consent”, where the husband was looking for men to visit his house to assault his wife after he had drugged her into a deep sleep.

We trust the jury will say loud and clear that in this society, fundamental rights are also women’s rights – that permission is personal, not given by another,” declared Gisèle Pelicot’s attorney, Antoine Camus. “Permission is obtained personally and not by proxy from a spouse.”

Case History

The ex-husband, a notorious sex offenders in recent French history, was given a prison term to twenty years in prison last year for drugging his then wife and inviting dozens of men to rape her in her home in the town of the village of Mazan over a duration of almost a decade of their union.

Numerous other individuals were found culpable in a notable trial last year, and Dogan was the only man to contest his conviction. He was first handed a term to 9 years in prison, a punishment increased on Thursday to 10 years.

The lead state prosecutor, Dominique Sie, had stated he should serve 12 years, because he “absolutely refuses to take any blame”.

Courtroom Details

Dogan had initially sent the husband sexually explicit photos and then driven an hour from his residence in Provence to rape the victim, after notifying his wife he was going out, the testimony revealed.

Pelicot, who was transported from solitary confinement in prison to temporarily testify at the hearing, stated to the court that the accused had understood his wife had been “sedated” and he told to men by phone: “I want someone to violate my wife after I’ve rendered her unconscious without her knowledge.”

The proceedings became a key topic for a wider discussion on rape culture in society as Dogan continued to claim he was innocent and had not engaged in violation, contending that because Gisèle Pelicot’s husband had welcomed him into the room, his conduct had been justifiable.

The panel in the higher court was displayed visual proof of Gisèle Pelicot’s unresponsive form, unconscious and breathing heavily in a deep sleep, while a smiling Dogan performed assault on several occasions over a timeframe of what authorities reported was three and a half hours. The court official said she had been at peril of fatal outcome by choking. The prosecution said there was absolute certainty that she had been unconscious and had not agreed.

Accused's Testimony

Dogan told the court the videos were simply “sexual encounters” and rejected it was violation. He said what he did was “a consensual activity”, not assault. He stated 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,” the accused stated to the court. “I carried on because he persuaded me.”

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

Survivor's Statement

The survivor, who was cheered upon departing the trial each day by onlookers gathered to stand with her, told the defendant in court: “You fail to comprehend. When will you acknowledge you assaulted me? It is unlawful to rape an incapacitated woman. How could I have give you agreement? Never.”

Gisèle Pelicot, 72, became an symbol of resistance after she relinquished her right to anonymity in the trial last year when she said: “Shame must change sides.”

State's Argument

The prosecutor, addressing the victim in court, said the defendant's refusal to take accountability showed that: “The shame remains. The community is possibly in the process of that, possibly propelled by the public consciousness spurred by the exposure of your ordeal.”

The prosecutor said Dogan’s claims of non-guilt showed how societal tolerance was still prevalent in society as part of “archaic” forms of “gender-based power”. He said: “It is imperative to change rape culture to a ethos of permission.”

The prosecutor said to the defendant: “As long as you refuse to admit it, it’s not just a person, it’s an whole unpleasant cultural framework that you are endorsing.”

Defendant's Background

The accused was born in Turkey and at the age of 5 moved to the nation of France, where his father worked as a caretaker. The testimony revealed that his parent was aggressive and that the defendant began using drugs aged 10. When he was 17 he was apprehended by police for drug trafficking and his father kicked him out the family house. He served time in prison for trafficking in his early 20s and had worked as a builder but had undergone periods of being unhoused.

He was married and had a child with Down’s syndrome, who he was the main caregiver for, as his spouse worked in a educational cafeteria. The court heard his wife did not know he had frequent intimate relations beyond their marriage. His defence said this was his strategy for managing with his challenging existence. Dogan had informed a court psychologist that once a year he engaged in paid sex on his special day. His lawyers informed the court he had joint inflammation caused by the anxiety of the first trial.