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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 extended to 10 years.

Appeal Trial

Husamettin Dogan, forty-four, an unemployed builder, who had appealed his first conviction last year, faced a retrial this week at the appeals court in Nîmes.

A jury of nine jurors, joined by three judges, ruled against Dogan on Thursday of sexually assaulting the victim in her bedroom in the south of France in the early hours of June 29, 2019.

The testimony revealed that the accused, a family man, made contact with Gisèle Pelicot’s husband at the time, Dominique Pelicot, in an online chatroom called “unbeknownst to her”, where Pelicot was seeking men to enter his residence to rape his wife once he had sedated her into a comatose state.

We trust the panel will say loud and clear that in this society, fundamental rights are also women’s rights – that agreement is individual, not transferred,” stated Gisèle Pelicot’s lawyer, her legal representative. “Permission is secured directly and not by proxy from a husband.”

Context

Dominique Pelicot, one of the worst sex offenders in recent French history, was handed a sentence to twenty years in prison last year for incapacitating his then wife and bringing in multiple perpetrators to sexually assault her in her home in the town of the village of Mazan over a period of nearly ten years of their marriage.

Numerous other individuals were found guilty in a notable trial last year, and the appellant was the sole individual to contest his verdict. He was initially given a sentence to nine years in prison, a punishment increased on Thursday to ten years.

The state's attorney, Dominique Sie, had argued he should serve 12 years, because he “stubbornly rejects to take any responsibility”.

Testimony and Proof

The defendant had first sent the husband inappropriate pictures and then driven an hour from his residence in the region to assault Gisèle Pelicot, after telling his wife he was going out, the court heard.

The ex-husband, who was transported from segregation in prison to temporarily testify at the appeal trial, stated to the court that the accused had been aware his wife had been “sedated” and he communicated to men by phone: “I seek someone to abuse my wife after I’ve rendered her unconscious unbeknownst to her.”

The proceedings became a central issue for a larger conversation on societal attitudes in society as Dogan continued to assert he was not guilty and had not committed rape, stating that because the victim's husband had allowed him into the bedroom, his behavior had been acceptable.

The jury in the Nîmes appeals court was displayed video evidence of Gisèle Pelicot’s limp body, comatose and breathing heavily in a deep sleep, while a smiling the perpetrator performed assault multiple times over a period of what police said was three and a half hours. The judge said she had been at risk of death by choking. The state's case said there was no question that she had been unconscious and had not given permission.

Accused's Testimony

Dogan informed the court the footage were simply “sex scenes” and rejected it was rape. He said what he did was “a consensual activity”, not assault. He stated the court: “I did not commit rape.” He said the victim's husband had allowed him to the house, and therefore it was permissible. He said he was influenced by Dominique Pelicot. “I wanted to stop,” the accused stated to the court. “I proceeded because he persuaded me.”

Inquired if he wanted to make a last words to the court, the defendant said: “I had no desire to harm that individual.”

Victim's Response

The survivor, who was applauded upon departing the trial each day by supporters gathered to stand with her, told the defendant in court: “You fail to comprehend. When will you admit you assaulted me? It is illegal to rape an incapacitated woman. When did I ever give you permission? Not once.”

Gisèle Pelicot, 72, became an symbol of resistance after she relinquished her right to anonymity in the trial last year when she said: “Guilt ought to transfer.”

Legal Commentary

The prosecutor, turning to the victim in court, said Dogan’s failure to take blame showed that: “Guilt has not shifted. The community is maybe in the midst of that, maybe driven by the public consciousness resulting from the exposure of your situation.”

Sie said the defendant's claims of innocence showed how societal tolerance was still widespread in society as part of “archaic” forms of “patriarchal control”. He said: “We need to change the culture of violence to a culture of consent.”

Sie said to the defendant: “For as much as you refuse to admit it, it’s not just a woman, it’s an complete disturbing cultural framework that you are supporting.”

Defendant's Background

The accused was originated from the country of Turkey and at the age of 5 came to France, where his father worked as a concierge. The evidence indicated that his parent was abusive and that the defendant began using drugs at the age of 10. When he was seventeen he was stopped by police for dealing drugs and his parent forced him to leave of home. He served time in prison for narcotics offenses in his twenties and had worked as a builder but had experienced periods of being unhoused.

He was wed and had a son with special needs, who he was the primary guardian for, as his wife worked in a educational cafeteria. The evidence showed his wife did not know he had frequent extramarital activities beyond their union. His defence said this was his strategy for managing with his challenging existence. Dogan had stated to a court psychologist that each year he looked for transactional encounters on his birthday. His lawyers stated to the court he had joint inflammation triggered by the pressure of the first trial.