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An individual has been found guilty on higher court review of sexually assaulting Gisele Pelicot after she was drugged unconscious by her then-husband – and has had his prison sentence increased to ten years.

Higher Court Case

Husamettin Dogan, forty-four, an out-of-work construction worker, who had contested his initial guilty verdict last year, faced a new trial this week at the Nîmes court of appeal.

A panel of five men and four women, sitting with three judges, found Dogan guilty on Thursday of sexually assaulting Pelicot in her residence in southern France in the morning of 29 June 2019.

The testimony revealed that the accused, a family man, made contact with the victim's husband at the time, the husband, in an internet forum titled “without her knowledge”, where Pelicot was recruiting men to enter his residence to assault his wife once he had drugged her into a unconscious state.

“We hope the court will say loud and clear that in this country, fundamental rights are also women’s rights – that consent is personal, not delegated,” said Gisèle Pelicot’s attorney, Antoine Camus. “Agreement is received directly and not via a representative from a husband.”

Background

Dominique Pelicot, one of the worst sexual predators in recent French history, was handed a sentence to two decades in prison last year for sedating his then wife and inviting numerous individuals to rape her in her home in the town of the village of Mazan over a period of almost a decade of their union.

Numerous other individuals were found convicted in a notable trial last year, and the appellant was the single defendant to challenge his sentence. He was originally sentenced to 9 years in prison, a penalty raised on Thursday to ten years.

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

Courtroom Details

The defendant had first sent the husband graphic images and then driven an hour from his village in Provence to rape Gisèle Pelicot, after telling his wife he was stepping out, the evidence indicated.

The ex-husband, who was brought from solitary confinement in prison to briefly provide testimony at the hearing, informed the court that the accused had been aware his wife had been “drugged” and he communicated to men by phone: “I’m looking for someone to abuse my wife after I’ve rendered her unconscious without her knowledge.”

The trial became a focus point for a broader debate on rape culture in society as the defendant continued to claim he was innocent and had not committed rape, contending that because Gisèle Pelicot’s husband had welcomed him into the residence, his actions had been justifiable.

The jury in the higher court was shown visual proof of Gisèle Pelicot’s unconscious figure, comatose and breathing heavily in a deep sleep, while a grinning Dogan committed rape repeatedly over a timeframe of what investigators stated was three and a half hours. The judge said she had been at peril of fatal outcome by suffocation. The state's case said there was no question that she had been unaware and had not given permission.

Defendant's Statements

The defendant stated to the court the footage were simply “intimate moments” and denied it was assault. He said what he did was “a sexual act”, not rape. He told the court: “I am innocent of assault.” He said the victim's husband had invited him to the residence, and therefore it was OK. He said he was deceived by the husband. “I wanted to stop,” the accused told the court. “I proceeded because he persuaded me.”

Asked if he wanted to make a closing remarks to the court, Dogan said: “I had no desire to injure that woman.”

Victim's Response

Gisèle Pelicot, who was cheered upon exiting the courtroom each day by onlookers gathered to support her, addressed the defendant in court: “You do not grasp. When will you admit you assaulted me? It is unlawful to assault an unconscious woman. How could I have give you consent? Never.”

The victim, 72, became an symbol of resistance after she waived her right to privacy in the trial last year when she said: “Shame must change sides.”

Legal Commentary

Sie, turning to the victim in court, said Dogan’s unwillingness to take accountability showed that: “Shame has not yet changed sides. The community is maybe in the process of that, possibly motivated by the societal understanding brought by the revelation of your ordeal.”

Sie said Dogan’s claims of blamelessness showed how normalized violence was still prevalent in society as part of “old-fashioned” forms of “patriarchal control”. He said: “We need to change rape culture to a culture of consent.”

Sie said to Dogan: “As long as you reject it, it’s not just a woman, it’s an complete sordid cultural framework that you are upholding.”

Defendant's Background

The accused was originated from the country of Turkey and at the age of 5 came to France, where his parent worked as a building manager. The testimony revealed that his parent was aggressive and that Dogan began using drugs at the age of 10. When he was 17 he was apprehended by authorities for dealing drugs and his father forced him to leave the residence. He was incarcerated in prison for trafficking in his twenties and had worked as a laborer but had undergone periods of homelessness.

He was married and had a son with special needs, who he was the primary guardian for, as his spouse worked in a institution's dining hall. The court heard his spouse did not know he had frequent sexual encounters beyond their union. His defence said this was his way of coping with his stressful life. Dogan had informed a court psychologist that each year he sought paid sex on his birthday. His lawyers informed the court he had joint inflammation caused by the stress of the first trial.