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

Appeal Trial

Husamettin Dogan, 44, an out-of-work construction worker, who had appealed his initial guilty verdict last year, underwent a appeal hearing this week at the higher court in Nîmes.

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

The testimony revealed that the accused, a married father, made contact with Gisèle Pelicot’s then husband, the husband, in an internet forum titled “unbeknownst to her”, where Pelicot was recruiting men to enter his residence to assault his wife after he had drugged her into a unconscious state.

“We hope the court will say loud and clear that in this country, human rights are also rights of women – that permission is personal, not transferred,” stated Gisèle Pelicot’s attorney, Antoine Camus. “Agreement is secured directly and not through someone else from a husband.”

Background

Dominique Pelicot, one of the worst sexual predators in France's contemporary records, was handed a sentence to two decades in prison last year for drugging his wife at the time and inviting numerous individuals to sexually assault her in her home in the town of the village of Mazan over a span of almost a decade of their marriage.

Numerous other individuals were found culpable in a widely publicized trial last year, and the appellant was the sole individual to contest his sentence. He was initially given a sentence to 9 years in prison, a penalty raised on Thursday to a decade.

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

Evidence Presented

Dogan had initially sent Dominique Pelicot sexually explicit photos and then traveled an hour from his town in Provence to assault the victim, after telling his wife he was going out, the court heard.

Pelicot, who was brought from segregation in prison to briefly testify at the appeal trial, told the court that the accused 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 rendered her unconscious unbeknownst to her.”

The courtroom became a key topic for a larger conversation on societal attitudes in society as Dogan continued to assert he was not guilty and had not perpetrated assault, stating that because the victim's husband had invited him into the bedroom, his behavior had been acceptable.

The jury in the Nîmes appeals court was shown visual proof of the victim's limp body, sedated and snoring in a deep sleep, while a smiling Dogan committed rape on several occasions over a timeframe of what authorities reported was three and a half hours. The presiding judge said she had been at danger of fatal outcome by asphyxiation. The prosecution said there was no question that she had been incapacitated and had not agreed.

Defendant's Statements

The defendant told the court the recordings were simply “intimate moments” and disputed it was assault. He said what he did was “a sexual act”, not assault. He told the court: “I did not commit rape.” He said the victim's husband had brought him to the home, and therefore it was permissible. He said he was manipulated by Dominique Pelicot. “I tried to halt,” the accused informed the court. “I continued because he convinced me.”

Asked if he wanted to make a last words to the court, Dogan said: “I never wanted to hurt that lady.”

Victim's Response

Gisèle Pelicot, who was applauded upon exiting the courtroom each day by onlookers assembled to support her, told the defendant in court: “You do not grasp. When are you going to recognise you raped me? It is illegal to assault an unaware woman. How could I have give you consent? Never.”

Gisèle Pelicot, seventy-two, became an symbol of resistance after she relinquished her right to privacy in the trial last year when she said: “Guilt ought to transfer.”

Legal Commentary

The prosecutor, speaking to Gisèle Pelicot in court, said the defendant's unwillingness to take responsibility showed that: “Guilt has not shifted. The public is possibly in the midst of that, possibly propelled by the societal understanding resulting from the exposure of your ordeal.”

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: “Now we must change rape culture to a society based on agreement.”

Sie addressed Dogan: “As long as you reject it, it’s not just a individual, it’s an complete disturbing social system that you are upholding.”

Biographical Details

Dogan was born in the country of Turkey and at the age of 5 moved to the nation of France, where his father worked as a building manager. The evidence indicated that his parent was violent and that the defendant began consuming marijuana aged 10. When Dogan was 17 he was apprehended by police for dealing drugs and his parent kicked him out of home. He served time in prison for drug dealing in his young adulthood and had worked as a construction worker but had faced periods of living on the streets.

He was wed and had a child with special needs, who he was the main caregiver for, as his wife worked in a institution's dining hall. The court heard his wife did not know he had repeated extramarital activities beyond their marriage. His defence said this was his method of dealing with his stressful life. Dogan had told a mental health expert that annually he engaged in paid sex on his special day. His legal representatives stated to the court he had arthritis resulting from the stress of the initial proceedings.