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A man has been found guilty on retrial of sexually assaulting Gisèle Pelicot following she was drugged unconscious by her spouse – and has had his incarceration period raised to ten years.

Higher Court Case

Husamettin Dogan, 44, an unemployed builder, who had appealed his initial guilty verdict last year, underwent a new trial this week at the higher court in Nîmes.

A panel of nine jurors, sitting with three judges, ruled against Dogan on Thursday of sexually assaulting Pelicot in her residence in the south of France in the early hours of June 29, 2019.

The court heard that Dogan, a married father, made contact with the victim's husband at the time, Dominique Pelicot, in an internet forum titled “without her knowledge”, where Pelicot was seeking men to come to his home to assault his wife once he had drugged her into a comatose state.

“We hope the panel will say loud and clear that in this country, human rights are also women’s rights – that consent is individual, not given by another,” stated the victim's attorney, her legal representative. “Consent is secured personally and not by proxy from a husband.”

Background

The ex-husband, a notorious sexual predators in France's contemporary records, was given a prison term to 20 years in prison last year for incapacitating his then wife and soliciting numerous individuals to sexually assault her in her home in the Provence village of the village of Mazan over a duration of almost a decade of their union.

Fifty other men were found culpable in a notable trial last year, and the appellant was the only man to challenge his verdict. He was originally given a sentence to 9 years in prison, a penalty enhanced on Thursday to a decade.

The lead state prosecutor, Dominique Sie, had argued he should serve twelve years, because he “stubbornly rejects to take any responsibility”.

Testimony and Proof

The defendant had initially sent the husband sexually explicit photos and then driven an hour from his residence in the region to rape Gisèle Pelicot, after notifying his wife he was going out, the evidence indicated.

Pelicot, who was transported from segregation in prison to temporarily provide testimony at the hearing, stated to the court that Dogan had known his wife had been “incapacitated” and he said to men by phone: “I seek someone to assault my wife after I’ve put her to sleep unbeknownst to her.”

The proceedings became a key topic for a larger conversation on rape culture in society as Dogan continued to say he was blameless and had not engaged in violation, arguing that because the victim's husband had allowed him into the bedroom, his behavior had been acceptable.

The panel in the Nîmes appeals court was presented with recorded footage of the victim's unconscious figure, sedated and snoring in a comatose state, while a grinning Dogan committed rape repeatedly over a period of what police said was several hours. The court official said she had been at peril of fatal outcome by choking. The state prosecution said there was absolute certainty that she had been incapacitated and had not given permission.

Accused's Testimony

Dogan stated to the court the footage were simply “sex scenes” and disputed it was rape. He said what he did was “a sexual act”, not rape. He told the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had brought him to the home, and therefore it was permissible. He said he was manipulated by the husband. “I attempted to cease,” Dogan told the court. “I proceeded because he convinced me.”

Inquired if he wanted to make a closing remarks to the court, Dogan said: “I did not intend to hurt that woman.”

Victim's Response

The victim, who was supported upon departing the trial each day by crowds gathered to stand with her, said to Dogan in court: “You do not grasp. When are you going to recognise you raped me? It is unlawful to assault an unaware woman. At what point did I give you permission? Never.”

The victim, seventy-two, became an global icon after she gave up her right to confidentiality in the trial last year when she said: “The shame should shift.”

Prosecutor's Remarks

The prosecutor, turning to the victim in court, said Dogan’s refusal to take responsibility showed that: “The shame remains. The community is possibly in the process of that, possibly driven by the public consciousness brought by the revelation of your case.”

The prosecutor said the defendant's claims of blamelessness showed how societal tolerance was still common in society as part of “archaic” forms of “gender-based power”. He said: “We need to change the culture of violence to a ethos of permission.”

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

Defendant's Background

The accused was born in Turkey and at the age of five relocated to France, where his parent worked as a building manager. The evidence indicated that his father was aggressive and that Dogan began using drugs at the age of ten. When he was 17 he was apprehended by authorities for drug trafficking and his father kicked him out of home. He served time in prison for trafficking in his twenties and had worked as a builder but had undergone periods of being unhoused.

He was married and had a son with special needs, who he was the primary guardian for, as his wife worked in a institution's dining hall. The court heard his wife did not know he had regular sexual encounters beyond their marriage. His legal team said this was his way of coping with his stressful life. The defendant had informed a court psychologist that each year he sought paid sex on his special day. His legal representatives told the court he had a medical condition caused by the anxiety of the first trial.