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An individual 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.

Retrial Proceedings

Husamettin Dogan, 44, an out-of-work construction worker, who had contested his initial guilty verdict last year, faced a retrial this week at the appeals court in Nîmes.

A panel of five men and four women, accompanied by three judges, convicted Dogan on Thursday of sexually assaulting Pelicot in her residence in the south of France in the morning of June 29, 2019.

The court heard that Dogan, a family man, connected with the victim's then husband, Dominique Pelicot, in an digital platform named “without her consent”, where Pelicot was recruiting men to come to his home to assault his wife after he had rendered her unconscious into a comatose state.

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

Background

The ex-husband, one of the worst sex offenders in modern French history, was sentenced to twenty years in prison last year for drugging his then wife and inviting numerous individuals to rape her in her home in the community of Mazan over a duration of many years of their marriage.

Numerous other individuals were found culpable in a high-profile trial last year, and Dogan was the only man to contest his verdict. He was originally sentenced to nine years in prison, a punishment increased on Thursday to ten years.

The lead state prosecutor, the prosecutor, had contended he should serve twelve years, because he “completely denies to take any accountability”.

Evidence Presented

The defendant had first sent Dominique Pelicot sexually explicit photos and then driven an hour from his village in Provence to assault Gisèle Pelicot, after notifying his wife he was leaving, the testimony revealed.

Pelicot, who was brought from solitary confinement in prison to temporarily provide testimony at the retrial, stated to the court that the accused had known his wife had been “drugged” and he told to men by phone: “I want someone to assault my wife after I’ve put her to sleep without her knowledge.”

The proceedings became a focus point for a wider discussion on societal attitudes in society as the defendant continued to claim he was blameless and had not engaged in violation, stating that because the victim's husband had allowed him into the room, his conduct had been acceptable.

The panel in the higher court was presented with visual proof of Gisèle Pelicot’s unresponsive form, comatose and snoring in a unconscious condition, while a smiling Dogan engaged in violation multiple times over a duration of what authorities reported was three and a half hours. The judge said she had been at risk of fatal outcome by suffocation. The prosecution said there was absolute certainty that she had been incapacitated and had not consented.

Defendant's Statements

Dogan stated to the court the videos were simply “sexual encounters” and disputed it was assault. He said what he did was “a consensual activity”, not rape. He told the court: “I am innocent of assault.” He said Gisèle Pelicot’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 proceeded because he persuaded me.”

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

Survivor's Statement

The survivor, who was applauded upon leaving court each day by crowds gathered to stand with her, addressed the defendant in court: “You haven’t understood. When will you acknowledge you assaulted me? It is illegal to assault an unaware woman. At what point did I give you consent? At no time.”

The victim, 72, became an global icon after she relinquished her right to confidentiality in the trial last year when she said: “Shame must change sides.”

State's Argument

Sie, turning to Gisèle Pelicot in court, said the defendant's refusal to take accountability showed that: “Shame has not yet changed sides. The community is possibly in the process of that, perhaps driven by the public consciousness resulting from the publication of your case.”

The prosecutor said the defendant's claims of blamelessness showed how rape culture was still common 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.”

Sie said to the defendant: “For as much as you refuse to admit it, it’s not just a individual, it’s an complete unpleasant social system that you are upholding.”

Defendant's Background

Dogan was originated from 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 father was abusive and that Dogan began smoking cannabis at the age of 10. When he was 17 he was apprehended by authorities for selling narcotics and his father kicked him out the residence. He was incarcerated in prison for narcotics offenses in his early 20s and had worked as a construction worker but had experienced periods of being unhoused.

He was married and had a son with a genetic condition, who he was the primary guardian for, as his spouse worked in a institution's dining hall. The evidence showed his wife did not know he had regular sexual encounters outside their marriage. His legal team said this was his method of dealing with his challenging existence. The defendant had stated to a evaluator that once a year he looked for commercial sex on his birthday. His lawyers told the court he had joint inflammation resulting from the stress of the original case.