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An individual was declared guilty on higher court review of sexually assaulting Gisele Pelicot following she was drugged unconscious by her spouse – and has had his jail term extended to ten years.

Retrial Proceedings

Husamettin Dogan, 44, an unemployed builder, who had contested his initial guilty verdict last year, experienced a appeal hearing this week at the higher court in Nîmes.

A panel of four women and five men, sitting with three judges, ruled against Dogan on Thursday of raping Pelicot in her bedroom in Provence in the early hours of 29 June 2019.

The testimony revealed that Dogan, a family man, reached out to Gisèle Pelicot’s husband at the time, Dominique Pelicot, in an internet forum called “without her knowledge”, where the husband was recruiting men to visit his house to assault his wife after he had rendered her unconscious into a deep sleep.

We expect the jury will declare that in this nation, human rights are also women’s rights – that consent is individual, not transferred,” stated Gisèle Pelicot’s lawyer, her legal representative. “Permission is received directly and not through someone else from a spouse.”

Background

Dominique Pelicot, a notorious sex offenders in recent French history, was sentenced to 20 years in prison last year for sedating his wife at the time and inviting numerous individuals to sexually assault her in her home in the town of Mazan over a span of many years of their union.

Fifty other men were found convicted in a notable trial last year, and Dogan was the only man to challenge his conviction. He was originally sentenced to 9 years in prison, a punishment enhanced on Thursday to 10 years.

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

Testimony and Proof

Dogan had initially sent the husband graphic images and then driven an hour from his residence in Provence to assault Gisèle Pelicot, after telling his wife he was stepping out, the testimony revealed.

The ex-husband, who was brought from solitary confinement in prison to briefly testify at the retrial, told the court that Dogan had understood his wife had been “sedated” and he communicated to men by phone: “I want someone to violate my wife after I’ve rendered her unconscious without her knowledge.”

The trial became a central issue for a wider discussion on sexual violence norms in society as Dogan continued to claim he was innocent and had not committed rape, contending that because the victim's husband had allowed him into the residence, his conduct had been permissible.

The panel in the higher court was presented with visual proof of Gisèle Pelicot’s unresponsive form, comatose and breathing heavily in a comatose state, while a smiling Dogan committed rape multiple times over a duration of what authorities reported was several hours. The court official said she had been at danger of fatal outcome by suffocation. The state prosecution said there was no doubt that she had been incapacitated and had not consented.

Accused's Testimony

Dogan told the court the videos were simply “intimate moments” and rejected it was violation. He said what he did was “a sexual act”, not rape. He stated the court: “I am innocent of assault.” He said the victim's husband had invited him to the house, and therefore it was permissible. He said he was influenced by Dominique Pelicot. “I attempted to cease,” the accused informed the court. “I carried on because he persuaded me.”

Questioned if he wanted to make a final statement to the court, the defendant said: “I did not intend to harm that woman.”

Victim's Response

The victim, who was cheered upon leaving court each day by onlookers present to back her, told the defendant in court: “You haven’t understood. When will you acknowledge you raped me? It’s a crime to assault an incapacitated woman. How could I have give you consent? Never.”

The victim, 72, became an international feminist hero after she relinquished her right to anonymity in the trial last year when she said: “The shame should shift.”

Prosecutor's Remarks

The prosecutor, speaking to the victim in court, said the defendant's refusal to take blame showed that: “Guilt has not shifted. The community is maybe in the process of that, possibly propelled by the collective awareness spurred by the revelation of your situation.”

Sie said Dogan’s claims of innocence showed how rape culture was still prevalent in society as part of “archaic” forms of “male domination”. He said: “It is imperative to change rape culture to a culture of consent.”

Sie addressed Dogan: “While you refuse to admit it, it’s not just a woman, it’s an entire sordid societal structure that you are endorsing.”

Biographical Details

The accused was originated from Turkey and at the age of five relocated to the nation of France, where his father worked as a building manager. The court heard that his parent was violent and that the defendant began consuming marijuana aged ten. When he was 17 he was caught by authorities for drug trafficking and his parent kicked him out the family house. He was incarcerated in prison for drug dealing in his twenties and had worked as a laborer but had experienced periods of living on the streets.

He was married and had a child with Down’s syndrome, who he was the primary guardian for, as his spouse worked in a institution's dining hall. The court heard his wife did not know he had frequent intimate relations beyond their marriage. His defence said this was his way of coping with his difficult circumstances. The defendant had told a court psychologist that once a year he engaged in paid sex on his special day. His attorneys stated to the court he had joint inflammation resulting from the stress of the first trial.