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An individual has been found guilty on higher court review of sexually assaulting Gisele Pelicot after she was sedated by her then-husband – and received his jail term increased to ten years.

Higher Court Case

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

A jury of four women and five men, sitting with three judges, found Dogan guilty on Thursday of raping the victim in her bedroom in the south of France in the morning of 29 June 2019.

The evidence showed that Dogan, a married father, reached out to the victim's spouse, the husband, in an digital platform called “without her consent”, where the husband was recruiting men to enter his residence to rape his wife after he had sedated her into a comatose state.

“We hope the panel will say loud and clear that in this nation, fundamental rights are also rights of women – that permission is personal, not delegated,” said Gisèle Pelicot’s attorney, her legal representative. “Agreement is received personally and not via a representative from a spouse.”

Background

The ex-husband, among the most severe sex offenders in modern French history, was sentenced to 20 years in prison last year for drugging his wife at the time and soliciting multiple perpetrators to sexually assault her in her home in the town of Mazan over a span of many years of their marriage.

Numerous other individuals were found culpable in a high-profile trial last year, and Dogan was the only man to appeal against his sentence. He was originally given a sentence to nine years in prison, a sentence enhanced on Thursday to 10 years.

The state's attorney, the prosecutor, had contended he should serve twelve years, because he “completely denies to take any accountability”.

Courtroom Details

Dogan had initially sent the husband sexually explicit photos and then driven an hour from his village in the region to rape the victim, after telling his wife he was going out, the court heard.

Pelicot, who was transported from segregation in prison to briefly testify at the hearing, stated to the court that the accused had known his wife had been “sedated” and he said to men by phone: “I’m looking for someone to abuse 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 claim he was not guilty and had not perpetrated assault, stating that because Gisèle Pelicot’s husband had invited him into the room, his conduct had been acceptable.

The jury in the higher court was displayed video evidence of the victim's unconscious figure, comatose and snoring in a unconscious condition, while a grinning the perpetrator committed rape on several occasions over a period of what authorities reported was three and a half hours. The judge said she had been at danger of death by choking. The state's case said there was absolute certainty that she had been unaware and had not given permission.

Dogan's Claims

Dogan stated to the court the footage were simply “sexual encounters” and denied it was rape. He said what he did was “an intimate behavior”, not assault. He declared the court: “I never raped.” He said the victim's husband had brought him to the residence, and therefore it was permissible. He said he was influenced by the husband. “I attempted to cease,” the accused stated to the court. “I carried on because he reassured me.”

Asked if he wanted to make a final statement to the court, Dogan said: “I had no desire to hurt that lady.”

Pelicot's Words

The survivor, who was applauded upon exiting the courtroom each day by crowds assembled to back her, addressed Dogan in court: “You fail to comprehend. When are you going to recognise you raped me? It’s a crime to assault an unaware woman. When did I ever give you agreement? Not once.”

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

Prosecutor's Remarks

Sie, addressing the victim in court, said the defendant's unwillingness to take accountability showed that: “Guilt has not shifted. The community is maybe in the midst of that, maybe driven by the public consciousness spurred by the revelation of your case.”

Sie said Dogan’s claims of blamelessness showed how societal tolerance 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 society based on agreement.”

The prosecutor said to the defendant: “For as much as you refuse to admit it, it’s not just a person, it’s an complete disturbing societal structure that you are endorsing.”

Personal History

Dogan was originated from the country of Turkey and at the age of five came to France, where his parent worked as a concierge. The evidence indicated that his parent was violent and that the defendant began using drugs at the age of ten. When Dogan was 17 he was apprehended by authorities for drug trafficking and his father evicted him the family house. He was incarcerated in prison for trafficking in his twenties and had worked as a builder but had undergone periods of being unhoused.

He was married and had a son with special needs, who he was the main caregiver for, as his wife worked in a school canteen. The evidence showed his spouse did not know he had frequent sexual encounters beyond their union. His defence said this was his method of dealing with his challenging existence. Dogan had stated to a evaluator that annually he looked for paid sex on his special day. His legal representatives informed the court he had arthritis caused by the stress of the first trial.