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A defendant has been found guilty on retrial of sexually assaulting Gisèle Pelicot after she was drugged unconscious by her spouse – and was given his prison sentence extended to ten years.

Higher Court Case

Husamettin Dogan, 44, an out-of-work construction worker, who had appealed his first conviction last year, experienced a retrial this week at the Nîmes court of appeal.

A jury of nine jurors, accompanied by three judges, ruled against Dogan on Thursday of sexually assaulting Pelicot in her residence in southern France in the morning of June 29, 2019.

The testimony revealed that Dogan, a married father, connected with Gisèle Pelicot’s husband at the time, Dominique Pelicot, in an digital platform titled “unbeknownst to her”, where Pelicot was seeking men to enter his residence to assault his wife once he had drugged her into a comatose state.

“We hope the court will say loud and clear that in this nation, fundamental rights are also women’s rights – that agreement is individual, not transferred,” said the victim's attorney, her legal representative. “Consent is obtained personally and not by proxy from a spouse.”

Background

The ex-husband, among the most severe sex offenders in modern French history, was given a prison term to 20 years in prison last year for incapacitating his wife at the time and soliciting dozens of men to rape her in her home in the community of the village of Mazan over a period of many years of their marriage.

Numerous other individuals were found guilty in a high-profile trial last year, and the appellant was the sole individual to contest his verdict. He was initially sentenced to 9 years in prison, a punishment raised on Thursday to ten years.

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

Testimony and Proof

The defendant had first sent the husband graphic images and then traveled an hour from his residence in Provence to rape the victim, after telling his wife he was stepping out, the evidence indicated.

Pelicot, who was transported from isolation in prison to briefly testify at the hearing, informed the court that Dogan had been aware his wife had been “sedated” and he told to men by phone: “I seek someone to assault my wife after I’ve put her to sleep unbeknownst to her.”

The courtroom became a focus point for a larger conversation on sexual violence norms in society as the defendant continued to say he was innocent and had not perpetrated assault, contending that because the victim's husband had invited him into the bedroom, his conduct had been justifiable.

The panel in the Nîmes appeals court was displayed recorded footage of the victim's unresponsive form, unconscious and breathing heavily in a comatose state, while a grinning Dogan engaged in violation on several occasions over a duration 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 consented.

Defendant's Statements

The defendant stated to the court the recordings were simply “intimate moments” and disputed it was violation. He said what he did was “a consensual activity”, not rape. He stated the court: “I am innocent of assault.” He said the victim's husband had brought him to the house, and therefore it was OK. He said he was deceived by Dominique Pelicot. “I tried to halt,” the accused stated to the court. “I proceeded because he reassured me.”

Questioned if he wanted to make a final statement to the court, the defendant said: “I had no desire to hurt that individual.”

Survivor's Statement

Gisèle Pelicot, who was applauded upon leaving court each day by onlookers present to support her, said to Dogan in court: “You haven’t understood. When will you acknowledge you raped me? It is unlawful to assault an unconscious woman. How could I have give you permission? Never.”

The victim, 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.”

Prosecutor's Remarks

Sie, turning to Gisèle Pelicot in court, said Dogan’s failure to take blame showed that: “Shame has not yet changed sides. Society is possibly in the course of that, perhaps motivated by the public consciousness resulting from the publication of your situation.”

The prosecutor said the defendant's claims of blamelessness showed how normalized violence was still widespread in society as part of “old-fashioned” forms of “male domination”. He said: “It is imperative to change rape culture to a culture of consent.”

Sie addressed the defendant: “As long as you refuse to admit it, it’s not just a woman, it’s an entire unpleasant social system that you are supporting.”

Defendant's Background

Dogan was originated from Turkey and at the age of five came to the nation of France, where his parent worked as a concierge. The testimony revealed that his father was abusive and that Dogan began consuming marijuana aged 10. When Dogan was 17 he was stopped by police for selling narcotics and his father forced him to leave of home. He served time in prison for narcotics offenses in his twenties and had worked as a builder but had faced periods of homelessness.

He was wed and had a child with a genetic condition, who he was the primary guardian for, as his wife worked in a institution's dining hall. The testimony revealed his spouse did not know he had repeated extramarital activities beyond their marriage. His defence said this was his way of coping with his challenging existence. Dogan had told a court psychologist that once a year he looked for paid sex on his birthday. His attorneys informed the court he had a medical condition caused by the pressure of the initial proceedings.