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A man was convicted on appeal of sexually assaulting Gisele Pelicot following she was sedated by her spouse – and received his prison sentence raised to a decade.

Higher Court Case

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

A panel of nine jurors, sitting with three judges, found Dogan guilty on Thursday of raping Pelicot in her residence in southern France in the early hours of 29 June 2019.

The court heard that Dogan, a family man, made contact with the victim's then husband, the husband, in an online chatroom named “unbeknownst to her”, where the husband was looking for men to come to his home to rape his wife after he had drugged her into a deep sleep.

“We hope the jury will say loud and clear that in this country, fundamental rights are also rights of women – that permission is personal, not transferred,” declared the victim's lawyer, Antoine Camus. “Permission is received personally and not through someone else from a husband.”

Background

Dominique Pelicot, one of the worst sexual predators in modern French history, was handed a sentence to two decades in prison last year for incapacitating his wife at the time and soliciting multiple perpetrators to rape her in her home in the town of Mazan over a period of many years of their marriage.

Fifty other men were found culpable in a high-profile trial last year, and Dogan was the only man to appeal against his verdict. He was first handed a term to 9 years in prison, a punishment enhanced on Thursday to ten years.

The state's attorney, the prosecutor, had contended he should serve twelve years, because he “stubbornly rejects to take any blame”.

Testimony and Proof

Dogan had initially sent the husband graphic images and then traveled an hour from his town in the region to assault Gisèle Pelicot, after informing his wife he was going out, the evidence indicated.

Pelicot, who was transported from solitary confinement in prison to briefly testify at the hearing, told the court that the accused had known his wife had been “incapacitated” and he communicated to men by phone: “I want someone to assault my wife after I’ve put her to sleep unbeknownst to her.”

The proceedings became a central issue for a larger conversation on societal attitudes in society as the defendant continued to claim he was not guilty and had not perpetrated assault, contending that because Gisèle Pelicot’s husband had allowed him into the residence, his behavior had been acceptable.

The jury in the higher court was shown visual proof of the victim's unconscious figure, comatose and snoring in a comatose state, while a grinning Dogan committed rape on several occasions over a period of what police said was several hours. The presiding judge said she had been at danger of fatal outcome by asphyxiation. The state's case said there was absolute certainty that she had been unaware and had not given permission.

Defendant's Statements

Dogan told the court the videos were simply “intimate moments” and denied it was violation. He said what he did was “a sexual act”, not rape. He told the court: “I never raped.” He said Gisèle Pelicot’s husband had allowed him to the house, and therefore it was OK. He said he was deceived by the husband. “I wanted to stop,” Dogan stated to the court. “I continued because he persuaded me.”

Asked if he wanted to make a last words to the court, Dogan said: “I did not intend to hurt that lady.”

Pelicot's Words

Gisèle Pelicot, who was cheered upon leaving court each day by onlookers assembled to support her, addressed the defendant in court: “You haven’t understood. When are you going to recognise you assaulted me? It’s a crime to assault an incapacitated woman. How could I have give you permission? Never.”

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

Prosecutor's Remarks

Sie, speaking to the victim in court, said the defendant's refusal to take accountability showed that: “The shame remains. Society is maybe in the course of that, possibly motivated by the public consciousness spurred by the publication of your situation.”

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

Sie told the defendant: “While you refuse to admit it, it’s not just a individual, it’s an whole disturbing societal structure that you are upholding.”

Defendant's Background

Dogan was originated from Turkey and at the age of 5 moved to the nation of France, where his parent worked as a caretaker. The testimony revealed that his parent was violent and that Dogan began consuming marijuana aged ten. When he was 17 he was caught by authorities for drug trafficking and his father evicted him of home. He was incarcerated in prison for narcotics offenses in his twenties and had worked as a builder but had undergone periods of living on the streets.

He was married and had a child with Down’s syndrome, who he was the primary guardian for, as his wife worked in a school canteen. The evidence showed his wife did not know he had regular sexual encounters beyond their marriage. His defence said this was his method of dealing with his challenging existence. The defendant had told a mental health expert that each year he sought paid sex on his special day. His lawyers informed the court he had a medical condition caused by the stress of the original case.