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An individual has been found guilty on appeal of sexually assaulting Gisele Pelicot following she was sedated by her spouse – and received his jail term raised to 10 years.

Appeal Trial

Husamettin Dogan, forty-four, an out-of-work construction worker, who had appealed 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, accompanied by three judges, ruled against Dogan on Thursday of sexually assaulting the victim in her residence in Provence in the early hours of 29 June 2019.

The court heard that the accused, a married father, made contact with the victim's then husband, Dominique Pelicot, in an internet forum titled “without her knowledge”, where the husband was looking for men to come to his home to assault his wife after he had sedated her into a deep sleep.

We trust the panel will declare that in this society, human rights are also rights of women – that permission is individual, not delegated,” said Gisèle Pelicot’s attorney, her legal representative. “Agreement is received personally and not via a representative from a spouse.”

Context

Dominique Pelicot, among the most severe sexual predators in modern French history, was sentenced to 20 years in prison last year for sedating his spouse and inviting numerous individuals to sexually assault her in her home in the community of the village of Mazan over a period of almost a decade of their union.

Numerous other individuals were found convicted in a widely publicized trial last year, and the appellant was the single defendant to appeal against his sentence. He was initially sentenced to 9 years in prison, a sentence raised on Thursday to 10 years.

The chief prosecutor, Dominique Sie, had argued he should serve 12 years, because he “absolutely refuses to take any accountability”.

Testimony and Proof

The defendant had first sent Dominique Pelicot sexually explicit photos and then driven an hour from his residence in Provence to assault the victim, after informing his wife he was going out, the testimony revealed.

Pelicot, who was brought from isolation in prison to temporarily give evidence at the retrial, informed the court that the accused had been aware his wife had been “sedated” and he said to men by phone: “I’m looking for someone to assault my wife after I’ve put her to sleep without her consent.”

The proceedings became a key topic for a larger conversation on sexual violence norms in society as the defendant continued to claim he was innocent and had not perpetrated assault, stating that because Gisèle Pelicot’s husband had welcomed him into the room, his conduct had been acceptable.

The jury in the higher court was displayed video evidence of the victim's unresponsive form, sedated and breathing heavily in a comatose state, while a grinning Dogan performed assault multiple times over a period of what police said was several hours. The court official said she had been at risk of fatal outcome by choking. The state prosecution said there was absolute certainty that she had been incapacitated and had not given permission.

Defendant's Statements

The defendant informed the court the videos were simply “sex scenes” and denied it was assault. He said what he did was “a sexual act”, not assault. He declared the court: “I never raped.” He said Gisèle Pelicot’s husband had brought him to the house, and therefore it was acceptable. He said he was manipulated by Dominique Pelicot. “I wanted to stop,” Dogan stated to the court. “I proceeded because he persuaded me.”

Asked if he wanted to make a closing remarks to the court, the defendant said: “I did not intend to injure that woman.”

Survivor's Statement

Gisèle Pelicot, who was supported upon departing the trial each day by onlookers gathered to support her, addressed the defendant in court: “You fail to comprehend. When are you going to recognise you raped me? It’s a crime to rape an unconscious woman. How could I have give you agreement? At no time.”

Gisèle Pelicot, seventy-two, became an international feminist hero after she relinquished 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 the defendant's unwillingness to take responsibility showed that: “Guilt has not shifted. Society is possibly in the course of that, possibly driven by the societal understanding spurred by the revelation of your ordeal.”

The prosecutor said Dogan’s claims of blamelessness showed how rape culture was still prevalent in society as part of “outdated” forms of “gender-based power”. He said: “It is imperative to change rape culture to a culture of consent.”

The prosecutor told the defendant: “For as much as you deny it, it’s not just a individual, it’s an entire unpleasant societal structure that you are upholding.”

Defendant's Background

Dogan was born in the country of Turkey and at the age of 5 came to the nation of France, where his parent worked as a concierge. The testimony revealed that his parent was aggressive and that the defendant began using drugs aged ten. When he was 17 he was stopped by police for selling narcotics and his parent forced him to leave of home. He served time in prison for drug dealing in his early 20s and had worked as a builder but had experienced periods of living on the streets.

He was married and had a child with Down’s syndrome, who he was the principal carer for, as his wife worked in a educational cafeteria. The evidence showed his spouse did not know he had regular extramarital activities outside their union. His legal team said this was his way of coping with his stressful life. Dogan had informed a evaluator that annually he sought commercial sex on his special day. His attorneys told the court he had arthritis resulting from the anxiety of the initial proceedings.