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An individual was declared guilty on higher court review of sexually assaulting Gisèle Pelicot after she was drugged unconscious by her spouse – and has had his prison sentence raised to a decade.

Appeal Trial

Husamettin Dogan, forty-four, an unemployed builder, who had challenged his first conviction last year, underwent a appeal hearing this week at the appeals court in Nîmes.

A panel of four women and five men, sitting with three judges, convicted Dogan on Thursday of raping the victim in her home in southern France in the early hours of 29 June 2019.

The evidence showed that the accused, a family man, connected with the victim's husband at the time, Dominique Pelicot, in an online chatroom titled “unbeknownst to her”, where Pelicot was seeking men to visit his house to assault his wife once he had rendered her unconscious into a unconscious state.

We trust the court will say loud and clear that in this nation, fundamental rights are also rights of women – that permission is individual, not transferred,” stated Gisèle Pelicot’s lawyer, Antoine Camus. “Consent is secured directly and not via a representative from a spouse.”

Context

The husband, a notorious sexual predators in France's contemporary records, was handed a sentence to 20 years in prison last year for incapacitating his spouse and bringing in dozens of men to rape her in her home in the community of Mazan over a span of almost a decade of their union.

Numerous other individuals were found culpable in a notable trial last year, and Dogan was the sole individual to contest his conviction. He was first handed a term to 9 years in prison, a sentence increased on Thursday to 10 years.

The chief prosecutor, the prosecutor, had argued he should serve twelve years, because he “absolutely refuses to take any accountability”.

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 notifying his wife he was leaving, the testimony revealed.

The ex-husband, who was transported from solitary confinement in prison to briefly provide testimony at the appeal trial, stated to the court that the accused had been aware his wife had been “sedated” and he said to men by phone: “I seek someone to violate my wife after I’ve rendered her unconscious without her knowledge.”

The courtroom became a central issue for a wider discussion on rape culture in society as Dogan continued to say he was blameless and had not committed rape, stating that because the victim's husband had welcomed him into the bedroom, his conduct had been acceptable.

The panel in the Nîmes appeals court was shown video evidence of the victim's limp body, comatose and snoring in a unconscious condition, while a smiling Dogan performed assault multiple times over a timeframe of what police said was 3.5 hours. The court official said she had been at peril of death by choking. The state's case said there was absolute certainty that she had been unaware and had not consented.

Defendant's Statements

Dogan told the court the footage were simply “sex scenes” and disputed it was rape. He said what he did was “an intimate behavior”, not rape. He stated the court: “I did not commit rape.” He said the victim's husband had brought him to the house, and therefore it was OK. He said he was manipulated by the husband. “I attempted to cease,” Dogan informed the court. “I carried on because he reassured me.”

Asked if he wanted to make a final statement to the court, Dogan said: “I never wanted to injure that individual.”

Victim's Response

The victim, who was cheered upon departing the trial each day by onlookers present to support her, addressed the defendant in court: “You fail to comprehend. When will you acknowledge you violated me? It is unlawful to rape an unaware woman. At what point did I 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: “The shame should shift.”

Legal Commentary

Sie, speaking to Gisèle Pelicot in court, said Dogan’s failure to take accountability showed that: “Guilt has not shifted. The public is perhaps in the midst of that, maybe propelled by the collective awareness spurred by the publication of your ordeal.”

The prosecutor said the defendant's claims of innocence showed how societal tolerance was still prevalent in society as part of “archaic” forms of “patriarchal control”. He said: “We need to change the culture of violence to a society based on agreement.”

Sie said to Dogan: “For as much as you reject it, it’s not just a person, it’s an complete disturbing cultural framework that you are endorsing.”

Personal History

Dogan was originated from the country of Turkey and at the age of five came to France, where his father worked as a concierge. The evidence indicated that his father was aggressive and that Dogan began smoking cannabis at the age of 10. When Dogan was seventeen he was stopped by authorities for dealing drugs and his parent kicked him out the residence. He spent time in prison for drug dealing 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 main caregiver for, as his wife worked in a institution's dining hall. The evidence showed his spouse did not know he had frequent intimate relations outside their marriage. His legal team said this was his method of dealing with his challenging existence. The defendant had stated to a court psychologist that annually he looked for transactional encounters on his special day. His legal representatives stated to the court he had joint inflammation triggered by the stress of the initial proceedings.