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A defendant was convicted on retrial of sexually assaulting Gisèle Pelicot following she was sedated by her then-husband – and received his prison sentence extended to a decade.

Higher Court Case

Husamettin Dogan, forty-four, an unemployed builder, who had appealed his first conviction last year, faced a new trial this week at the Nîmes court of appeal.

A panel of nine jurors, sitting with three judges, ruled against Dogan on Thursday of raping the victim in her residence in southern France in the morning of June 29, 2019.

The court heard that the accused, a family man, reached out to the victim's then husband, Dominique Pelicot, in an internet forum called “unbeknownst to her”, where Pelicot was recruiting men to visit his house to rape his wife once he had sedated her into a unconscious state.

We expect the jury will declare that in this nation, fundamental rights are also women’s rights – that consent is personal, not given by another,” said Gisèle Pelicot’s attorney, her legal representative. “Permission is secured directly and not via a representative from a spouse.”

Context

The husband, among the most severe sex offenders in recent French history, was handed a sentence to two decades in prison last year for incapacitating his spouse and soliciting dozens of men to sexually assault her in her home in the Provence village of the village of Mazan over a period of almost a decade of their marriage.

Fifty other men were found culpable in a notable trial last year, and the appellant was the only man to contest his verdict. He was initially given a sentence to 9 years in prison, a punishment raised on Thursday to ten years.

The chief prosecutor, Dominique Sie, had contended he should serve twelve years, because he “stubbornly rejects to take any accountability”.

Testimony and Proof

Dogan had first sent Dominique Pelicot graphic images and then driven an hour from his residence in the region to rape the victim, after telling his wife he was leaving, the court heard.

The ex-husband, who was brought from segregation in prison to briefly testify at the hearing, stated to the court that Dogan had been aware his wife had been “sedated” and he communicated to men by phone: “I want someone to abuse my wife after I’ve put her to sleep without her consent.”

The courtroom became a key topic for a larger conversation on sexual violence norms in society as the defendant continued to say he was not guilty and had not engaged in violation, contending that because the victim's husband had allowed him into the room, his conduct had been permissible.

The jury in the Nîmes appeals court was presented with recorded footage of the victim's unresponsive form, comatose and snoring in a deep sleep, while a smiling Dogan performed assault on several occasions over a duration of what authorities reported was three and a half hours. The court official said she had been at danger of fatal outcome by suffocation. The prosecution said there was no question that she had been unconscious and had not given permission.

Accused's Testimony

The defendant stated to the court the videos were simply “intimate moments” and disputed it was assault. He said what he did was “an intimate behavior”, not rape. He declared the court: “I did not commit rape.” He said the victim's husband had allowed him to the home, and therefore it was permissible. He said he was manipulated by the husband. “I tried to halt,” Dogan informed the court. “I continued because he convinced me.”

Questioned if he wanted to make a closing remarks to the court, Dogan said: “I did not intend to hurt that individual.”

Victim's Response

The survivor, who was supported upon departing the trial each day by onlookers gathered to back her, said to the defendant in court: “You fail to comprehend. When will you admit you raped me? It’s a crime to assault an incapacitated woman. When did I ever give you permission? At no time.”

The victim, 72, became an global icon after she gave up her right to privacy in the trial last year when she said: “The shame should shift.”

Prosecutor's Remarks

The prosecutor, addressing the victim in court, said the defendant's failure to take accountability showed that: “Shame has not yet changed sides. Society is possibly in the process of that, maybe propelled by the societal understanding resulting from the publication of your case.”

The prosecutor said Dogan’s claims of blamelessness showed how societal tolerance was still common in society as part of “archaic” forms of “gender-based power”. He said: “Now we must change rape culture to a ethos of permission.”

Sie addressed the defendant: “As long as you deny it, it’s not just a person, it’s an whole unpleasant social system that you are upholding.”

Personal History

The accused was originated from Turkey and at the age of five moved to the nation of France, where his parent worked as a concierge. The evidence indicated that his parent was violent and that Dogan began consuming marijuana aged ten. When Dogan was 17 he was stopped by police for dealing drugs and his parent forced him to leave of home. He was incarcerated in prison for narcotics offenses in his early 20s and had worked as a construction worker but had experienced periods of homelessness.

He was wed and had a son with special needs, who he was the main caregiver for, as his wife worked in a school canteen. The testimony revealed his wife did not know he had frequent extramarital activities outside their union. His legal team said this was his way of coping with his stressful life. The defendant had told a mental health expert that once a year he looked for commercial sex on his special day. His lawyers stated to the court he had arthritis caused by the anxiety of the initial proceedings.