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A man has been found guilty on retrial of sexually assaulting Gisele Pelicot after she was sedated by her then-husband – and received his prison sentence increased to 10 years.

Appeal Trial

Husamettin Dogan, 44, an out-of-work construction worker, who had challenged his first conviction last year, faced a retrial this week at the Nîmes court of appeal.

A panel of nine jurors, sitting with three judges, found Dogan guilty on Thursday of sexually assaulting the victim in her residence in Provence in the morning of June 29, 2019.

The court heard that the accused, a family man, reached out to Gisèle Pelicot’s husband at the time, the husband, in an digital platform named “without her consent”, where the husband was recruiting men to enter his residence to assault his wife after he had rendered her unconscious into a unconscious state.

“We hope the jury will declare that in this society, human rights are also women’s rights – that agreement is personal, not delegated,” declared the victim's lawyer, her legal representative. “Permission is secured directly and not by proxy from a husband.”

Background

The husband, one of the worst sexual predators in modern French history, was given a prison term to 20 years in prison last year for drugging his then wife and bringing in dozens of men to rape her in her home in the Provence village of the village of Mazan over a span of many years of their union.

Dozens of additional defendants were found guilty in a widely publicized trial last year, and Dogan was the only man to contest his conviction. He was initially given a sentence to nine years in prison, a sentence raised on Thursday to a decade.

The state's attorney, Dominique Sie, had stated he should serve 12 years, because he “completely denies to take any blame”.

Evidence Presented

Dogan had first sent the husband inappropriate pictures and then traveled an hour from his village in the region to assault Gisèle Pelicot, after notifying his wife he was leaving, the court heard.

Pelicot, who was brought from isolation in prison to briefly give evidence at the hearing, informed the court that Dogan had known his wife had been “sedated” and he said to men by phone: “I seek someone to violate my wife after I’ve rendered her unconscious unbeknownst to her.”

The courtroom became a focus point for a broader debate on rape culture in society as the defendant continued to assert he was not guilty and had not perpetrated assault, stating that because the victim's husband had welcomed him into the residence, his conduct had been justifiable.

The panel in the higher court was displayed video evidence of the victim's unconscious figure, comatose and breathing heavily in a deep sleep, while a smiling Dogan performed assault on several occasions over a period of what investigators stated was three and a half hours. The court official said she had been at peril of fatal outcome by suffocation. The state's case said there was no doubt that she had been incapacitated and had not given permission.

Accused's Testimony

Dogan told the court the videos were simply “intimate moments” and denied it was rape. He said what he did was “a sexual act”, not assault. He stated the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had invited him to the house, and therefore it was permissible. He said he was deceived by the husband. “I attempted to cease,” Dogan stated to the court. “I continued because he persuaded me.”

Asked if he wanted to make a final statement to the court, Dogan said: “I did not intend to injure that woman.”

Survivor's Statement

The survivor, who was cheered upon leaving court each day by onlookers assembled to stand with her, addressed Dogan in court: “You fail to comprehend. When are you going to recognise you raped me? It is unlawful to rape an unconscious woman. How could I have give you permission? Never.”

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

Legal Commentary

Sie, turning to Gisèle Pelicot in court, said the defendant's unwillingness to take responsibility showed that: “Shame has not yet changed sides. Society is possibly in the midst of that, possibly propelled by the collective awareness spurred by the revelation of your situation.”

The prosecutor said the defendant's claims of blamelessness showed how normalized violence was still common in society as part of “outdated” forms of “male domination”. He said: “Now we must change rape culture to a ethos of permission.”

Sie told Dogan: “While you refuse to admit it, it’s not just a person, it’s an whole sordid societal structure that you are supporting.”

Defendant's Background

Dogan was originated from the country of Turkey and at the age of 5 came to France, where his father worked as a concierge. The court heard that his father was abusive and that Dogan began smoking cannabis aged ten. When Dogan was 17 he was apprehended by authorities for selling narcotics and his parent kicked him out the family house. He spent time in prison for narcotics offenses in his young adulthood and had worked as a construction worker but had experienced periods of being unhoused.

He was married and had a son with Down’s syndrome, who he was the primary guardian for, as his wife worked in a educational cafeteria. The testimony revealed his wife did not know he had regular sexual encounters beyond their marriage. His legal team said this was his strategy for managing with his stressful life. Dogan had stated to a court psychologist that once a year he engaged in paid sex on his birthday. His lawyers informed the court he had arthritis resulting from the pressure of the first trial.