🔗 Share this article

An individual was declared guilty on retrial of sexually assaulting Gisele Pelicot following she was sedated by her then-husband – and received his incarceration period raised to ten years.

Appeal Trial

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 appeals court in Nîmes.

A panel of nine jurors, joined by three judges, ruled against Dogan on Thursday of raping the victim in her bedroom in Provence in the morning of June 29, 2019.

The evidence showed that the accused, a family man, made contact with Gisèle Pelicot’s then husband, the husband, in an internet forum titled “without her knowledge”, where the husband was seeking men to visit his house to assault his wife once he had drugged her into a comatose state.

We expect the court will declare that in this country, fundamental rights are also rights of women – that consent is individual, not transferred,” stated Gisèle Pelicot’s lawyer, her legal representative. “Agreement is obtained directly and not via a representative from a spouse.”

Context

Dominique Pelicot, one of the worst sex offenders in modern French history, was handed a sentence to 20 years in prison last year for incapacitating his spouse and soliciting numerous individuals to rape her in her home in the Provence village of Mazan over a duration of almost a decade of their marriage.

Dozens of additional defendants were found guilty in a high-profile trial last year, and Dogan was the only man to contest his sentence. He was initially given a sentence to nine years in prison, a penalty increased on Thursday to a decade.

The state's attorney, the prosecutor, had argued he should serve twelve years, because he “completely denies to take any responsibility”.

Courtroom Details

Dogan had initially sent the husband sexually explicit photos and then driven an hour from his residence in the region to assault Gisèle Pelicot, after telling his wife he was stepping out, the court heard.

The ex-husband, who was brought from solitary confinement in prison to temporarily give evidence at the hearing, told the court that Dogan had been aware his wife had been “sedated” and he said to men by phone: “I’m looking for someone to abuse my wife after I’ve put her to sleep without her consent.”

The proceedings became a focus point for a broader debate on societal attitudes in society as the defendant continued to say he was not guilty and had not committed rape, arguing that because the victim's husband had allowed him into the residence, his actions had been acceptable.

The panel in the Nîmes appeals court was shown recorded footage of the victim's unresponsive form, sedated and snoring in a comatose state, while a grinning Dogan engaged in violation multiple times over a period of what authorities reported was several hours. The presiding judge said she had been at peril of death by choking. The state prosecution said there was absolute certainty that she had been incapacitated and had not agreed.

Accused's Testimony

The defendant informed the court the recordings were simply “sex scenes” and rejected it was assault. He said what he did was “a consensual activity”, not assault. He declared the court: “I am innocent of assault.” He said the victim's husband had brought him to the residence, and therefore it was OK. He said he was deceived by Dominique Pelicot. “I wanted to stop,” Dogan stated to the court. “I proceeded because he reassured me.”

Asked if he wanted to make a closing remarks to the court, the defendant said: “I did not intend to hurt that woman.”

Survivor's Statement

The survivor, who was applauded upon departing the trial each day by supporters assembled to back her, addressed the defendant in court: “You do not grasp. When are you going to recognise you raped me? It is illegal to rape an unaware woman. At what point did I give you agreement? At no time.”

The victim, 72, became an symbol of resistance after she relinquished her right to anonymity in the trial last year when she said: “Guilt ought to transfer.”

State's Argument

Sie, addressing Gisèle Pelicot in court, said Dogan’s failure to take blame showed that: “Guilt has not shifted. The public is perhaps in the course of that, maybe propelled by the collective awareness resulting from the exposure of your ordeal.”

The prosecutor said the defendant's claims of innocence showed how societal tolerance was still widespread in society as part of “archaic” forms of “gender-based power”. He said: “It is imperative to change the culture of violence to a ethos of permission.”

The prosecutor told Dogan: “For as much as you refuse to admit it, it’s not just a woman, it’s an whole sordid cultural framework that you are endorsing.”

Defendant's Background

The accused was born in the country of Turkey and at the age of 5 came to France, where his parent worked as a concierge. The court heard that his parent was violent and that Dogan began consuming marijuana at the age of 10. When Dogan was 17 he was stopped by police for selling narcotics and his father forced him to leave the residence. He spent time in prison for narcotics offenses in his early 20s and had worked as a laborer but had undergone periods of being unhoused.

He was married and had a son with a genetic condition, who he was the primary guardian for, as his wife worked in a educational cafeteria. The evidence showed his wife did not know he had repeated sexual encounters beyond their marriage. His legal team said this was his method of dealing with his challenging existence. Dogan had stated to a evaluator that once a year he sought paid sex on his birthday. His lawyers informed the court he had a medical condition caused by the anxiety of the first trial.