🔗 Share this article

A defendant was convicted on appeal of sexually assaulting Gisele Pelicot following she was sedated by her then-husband – and has had his prison sentence raised to 10 years.

Appeal Trial

Husamettin Dogan, 44, an unemployed builder, who had contested his first conviction last year, underwent a retrial this week at the Nîmes court of appeal.

A jury of nine jurors, joined by three judges, convicted Dogan on Thursday of raping Pelicot in her residence in southern France in the morning of 29 June 2019.

The evidence showed that the accused, a family man, connected with Gisèle Pelicot’s spouse, the husband, in an internet forum titled “without her consent”, where Pelicot was looking for men to come to his home to rape his wife after he had rendered her unconscious into a deep sleep.

We trust the jury will declare that in this country, fundamental rights are also rights of women – that permission is individual, not transferred,” declared the victim's lawyer, Antoine Camus. “Consent is received directly and not via a representative from a spouse.”

Context

The ex-husband, one of the worst sexual predators in modern French history, was given a prison term to twenty years in prison last year for sedating his wife at the time and bringing in dozens of men to sexually assault her in her home in the Provence village of the village of Mazan over a duration of many years of their marriage.

Dozens of additional defendants were found convicted in a notable trial last year, and Dogan was the sole individual to contest his conviction. He was initially given a sentence to nine years in prison, a penalty increased on Thursday to a decade.

The chief prosecutor, Dominique Sie, had contended he should serve 12 years, because he “stubbornly rejects to take any responsibility”.

Evidence Presented

Dogan had first sent Dominique Pelicot sexually explicit photos and then traveled an hour from his town in the region to assault the victim, after notifying his wife he was going out, the court heard.

The ex-husband, who was transported from solitary confinement in prison to temporarily testify at the retrial, told the court that the accused had understood his wife had been “incapacitated” and he told to men by phone: “I seek someone to violate my wife after I’ve sedated her without her knowledge.”

The proceedings became a key topic for a wider discussion on rape culture in society as Dogan continued to say he was not guilty and had not committed rape, arguing that because Gisèle Pelicot’s husband had welcomed him into the room, his conduct had been acceptable.

The panel in the higher court was presented with recorded footage of Gisèle Pelicot’s limp body, unconscious and breathing heavily in a comatose state, while a smiling Dogan performed assault repeatedly over a period of what authorities reported was three and a half hours. The presiding judge said she had been at peril of fatal outcome by asphyxiation. The state prosecution said there was no question that she had been unaware and had not agreed.

Accused's Testimony

Dogan informed the court the recordings were simply “sex scenes” and disputed it was rape. He said what he did was “a consensual activity”, not assault. He stated the court: “I did not commit rape.” He said the victim's husband had allowed him to the home, and therefore it was OK. He said he was influenced by the husband. “I wanted to stop,” the accused informed the court. “I carried on because he persuaded me.”

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

Victim's Response

The survivor, who was supported upon exiting the courtroom each day by supporters present to stand with her, said to Dogan in court: “You haven’t understood. When are you going to recognise you raped me? It’s a crime to assault an unconscious woman. When did I ever give you agreement? Not once.”

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

Prosecutor's Remarks

Sie, speaking to the victim in court, said Dogan’s failure to take blame showed that: “Guilt has not shifted. The public is possibly in the process of that, maybe propelled by the societal understanding spurred by the exposure of your ordeal.”

Sie said the defendant's claims of non-guilt showed how normalized violence was still prevalent in society as part of “outdated” forms of “male domination”. He said: “Now we must change the culture of violence to a ethos of permission.”

Sie said to the defendant: “While you deny it, it’s not just a person, it’s an entire disturbing social system that you are supporting.”

Biographical Details

The accused was originated from Turkey and at the age of 5 came to France, where his parent worked as a caretaker. The court heard that his father was abusive and that the defendant began consuming marijuana at the age of 10. When he was 17 he was caught by police for drug trafficking and his parent evicted him of home. He served time in prison for drug dealing in his twenties and had worked as a builder but had experienced periods of being unhoused.

He was married and had a child with a genetic condition, who he was the main caregiver for, as his spouse worked in a educational cafeteria. The evidence showed his wife did not know he had frequent extramarital activities outside their union. His defence said this was his strategy for managing with his difficult circumstances. Dogan had informed a court psychologist that annually he engaged in commercial sex on his birthday. His lawyers stated to the court he had a medical condition resulting from the anxiety of the original case.