A man has been found guilty on higher court review of sexually assaulting Gisele Pelicot after she was sedated by her spouse – and has had his incarceration period raised to ten years.
Appeal Trial
Husamettin Dogan, 44, an unemployed builder, who had contested his first conviction last year, experienced a retrial this week at the Nîmes court of appeal.
A panel of four women and five men, accompanied by three judges, ruled against Dogan on Thursday of sexually assaulting Pelicot in her bedroom in Provence in the early hours of 29 June 2019.
The evidence showed that Dogan, a family man, made contact with Gisèle Pelicot’s then husband, the husband, in an online chatroom called “without her consent”, where the husband was recruiting men to enter his residence to assault his wife once he had rendered her unconscious into a unconscious state.
We expect the jury will affirm that in this country, fundamental rights are also women’s rights – that permission is individual, not transferred,” stated the victim's attorney, her legal representative. “Permission is received personally and not by proxy from a spouse.”
Case History
The ex-husband, one of the worst sexual predators in France's contemporary records, was given a prison term to 20 years in prison last year for sedating his spouse and inviting multiple perpetrators to sexually assault her in her home in the Provence village of Mazan over a duration of nearly ten years of their marriage.
Dozens of additional defendants were found guilty in a notable trial last year, and the appellant was the only man to challenge his conviction. He was originally sentenced to 9 years in prison, a sentence raised on Thursday to ten years.
The state's attorney, Dominique Sie, had argued he should serve twelve years, because he “stubbornly rejects to take any accountability”.
Courtroom Details
Dogan had initially sent the husband inappropriate pictures and then driven an hour from his residence in Provence to rape Gisèle Pelicot, after telling his wife he was stepping out, the court heard.
The ex-husband, who was brought from isolation in prison to temporarily provide testimony at the appeal trial, told the court that Dogan had known his wife had been “sedated” and he told to men by phone: “I’m looking for someone to violate my wife after I’ve put her to sleep without her consent.”
The courtroom became a focus point for a broader debate on sexual violence norms in society as Dogan continued to assert he was blameless and had not perpetrated assault, stating that because Gisèle Pelicot’s husband had welcomed him into the bedroom, his conduct had been acceptable.
The panel in the Nîmes appeals court was presented with video evidence of the victim's unresponsive form, unconscious and snoring in a deep sleep, while a grinning the perpetrator engaged in violation on several occasions over a period of what police said was 3.5 hours. The presiding judge said she had been at risk of fatal outcome by asphyxiation. The state prosecution said there was no question that she had been unconscious and had not agreed.
Defendant's Statements
Dogan stated to the court the videos were simply “sexual encounters” and disputed it was assault. He said what he did was “an intimate behavior”, not rape. He told the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had invited him to the residence, and therefore it was acceptable. He said he was influenced by the husband. “I tried to halt,” Dogan informed the court. “I carried on because he convinced me.”
Questioned if he wanted to make a final statement to the court, Dogan said: “I never wanted to harm that lady.”
Survivor's Statement
The survivor, who was applauded upon leaving court each day by onlookers assembled to back her, told the defendant in court: “You haven’t understood. When will you acknowledge you violated me? It’s a crime to assault an unconscious woman. How could I have give you permission? At no time.”
The victim, seventy-two, 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
Sie, turning to Gisèle Pelicot in court, said the defendant's unwillingness to take accountability showed that: “Guilt has not shifted. Society is possibly in the process of that, maybe driven by the societal understanding spurred by the exposure of your case.”
Sie said Dogan’s claims of non-guilt showed how societal tolerance was still common in society as part of “archaic” forms of “patriarchal control”. He said: “It is imperative to change rape culture to a culture of consent.”
Sie addressed Dogan: “For as much as you refuse to admit it, it’s not just a person, it’s an entire disturbing cultural framework that you are upholding.”
Biographical Details
The accused was originated from the country of Turkey and at the age of five came to the nation of France, where his father worked as a caretaker. The testimony revealed that his father was aggressive and that the defendant began using drugs aged ten. When Dogan was seventeen he was stopped by authorities for selling narcotics and his parent forced him to leave the residence. He served time in prison for drug dealing in his early 20s and had worked as a builder but had faced periods of living on the streets.
He was married and had a child with a genetic condition, who he was the primary guardian for, as his spouse worked in a school canteen. The court heard his wife did not know he had regular intimate relations beyond their union. His legal team said this was his strategy for managing with his challenging existence. The defendant had informed a court psychologist that each year he sought paid sex on his special day. His legal representatives stated to the court he had a medical condition caused by the stress of the original case.
