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An individual has been found guilty on retrial of sexually assaulting Gisele Pelicot following she was drugged unconscious by her then-husband – and was given his incarceration period raised to ten years.

Higher Court Case

Husamettin Dogan, forty-four, an unemployed builder, who had challenged his initial guilty verdict last year, underwent a new trial this week at the Nîmes court of appeal.

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

The testimony revealed that the accused, a married father, made contact with the victim's then husband, the husband, in an online chatroom titled “without her consent”, where the husband was looking for men to visit his house to assault his wife after he had sedated her into a deep sleep.

We expect the panel will affirm that in this society, fundamental rights are also rights of women – that agreement is personal, not given by another,” declared the victim's lawyer, her legal representative. “Permission is obtained personally and not through someone else from a spouse.”

Case History

Dominique Pelicot, one of the worst sex offenders in modern French history, was given a prison term to two decades in prison last year for sedating his then wife and soliciting numerous individuals to sexually assault her in her home in the town of Mazan over a period of almost a decade of their marriage.

Numerous other individuals were found convicted in a widely publicized trial last year, and Dogan was the only man to appeal against his sentence. He was first sentenced to nine years in prison, a punishment enhanced on Thursday to 10 years.

The state's attorney, the prosecutor, had contended he should serve twelve years, because he “stubbornly rejects to take any blame”.

Testimony and Proof

The defendant had initially sent Dominique Pelicot inappropriate pictures and then traveled an hour from his residence in Provence to rape the victim, 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 appeal trial, informed the court that Dogan had known his wife had been “drugged” and he told to men by phone: “I want someone to assault my wife after I’ve sedated her without her consent.”

The proceedings became a key topic for a larger conversation on societal attitudes in society as Dogan continued to assert he was blameless and had not perpetrated assault, contending that because Gisèle Pelicot’s husband had invited him into the residence, his conduct had been acceptable.

The jury in the Nîmes appeals court was displayed video evidence of Gisèle Pelicot’s unconscious figure, unconscious and breathing heavily in a deep sleep, while a smiling the perpetrator committed rape repeatedly over a timeframe of what police said was several hours. The judge said she had been at risk of fatal outcome by asphyxiation. The prosecution said there was no question that she had been unconscious and had not agreed.

Dogan's Claims

The defendant informed the court the footage were simply “sex scenes” and rejected it was rape. He said what he did was “a sexual act”, not assault. He declared the court: “I never raped.” He said the victim's husband had allowed him to the residence, and therefore it was permissible. He said he was influenced by Dominique Pelicot. “I tried to halt,” the accused informed the court. “I proceeded because he convinced me.”

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

Victim's Response

The victim, who was applauded upon leaving court each day by crowds present to support her, addressed the defendant in court: “You haven’t understood. When will you admit you raped me? It is unlawful to rape an incapacitated woman. At what point did I give you consent? Not once.”

The victim, seventy-two, became an symbol of resistance after she waived her right to privacy in the trial last year when she said: “The shame should shift.”

Legal Commentary

Sie, turning to the victim in court, said Dogan’s failure to take responsibility showed that: “Shame has not yet changed sides. The public is maybe in the midst of that, perhaps propelled by the public consciousness spurred by the publication of your ordeal.”

The prosecutor said the defendant's claims of blamelessness showed how normalized violence was still common 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 addressed the defendant: “As long as you refuse to admit it, it’s not just a individual, it’s an whole disturbing societal structure that you are upholding.”

Personal History

Dogan was born in the country of Turkey and at the age of five moved to France, where his father worked as a concierge. The court heard that his father was violent and that the defendant began consuming marijuana at the age of 10. When Dogan was 17 he was caught by authorities for selling narcotics and his parent kicked him out the family house. He spent time in prison for trafficking in his twenties and had worked as a construction worker but had faced periods of homelessness.

He was wed and had a son with Down’s syndrome, who he was the principal carer for, as his wife worked in a institution's dining hall. The court heard his spouse did not know he had regular intimate relations beyond their union. His defence said this was his way of coping with his challenging existence. The defendant had stated to a court psychologist that once a year he looked for transactional encounters on his special day. His legal representatives stated to the court he had a medical condition caused by the anxiety of the original case.