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A man was declared guilty on higher court review of sexually assaulting Gisèle Pelicot after she was sedated by her then-husband – and has had his incarceration period extended to ten years.

Higher Court Case

Husamettin Dogan, 44, an unemployed builder, who had challenged his first conviction last year, experienced a new trial this week at the higher court in Nîmes.

A panel of four women and five men, sitting with three judges, convicted Dogan on Thursday of raping Pelicot in her bedroom in the south of France in the early hours of June 29, 2019.

The court heard that the accused, a family man, made contact with the victim's then husband, Dominique Pelicot, in an internet forum titled “without her knowledge”, where Pelicot was recruiting men to enter his residence to rape his wife once he had drugged her into a unconscious state.

We expect the jury will declare that in this country, human rights are also women’s rights – that consent is individual, not delegated,” declared Gisèle Pelicot’s attorney, her legal representative. “Agreement is received personally and not by proxy from a spouse.”

Context

The ex-husband, a notorious sexual predators in recent French history, was given a prison term to 20 years in prison last year for incapacitating his spouse 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 almost a decade of their union.

Fifty other men were found guilty in a high-profile trial last year, and Dogan was the sole individual to challenge his sentence. He was originally given a sentence to nine years in prison, a punishment raised on Thursday to a decade.

The state's attorney, the prosecutor, had argued he should serve 12 years, because he “absolutely refuses to take any blame”.

Courtroom Details

Dogan had initially sent the husband sexually explicit photos and then driven an hour from his residence in Provence to rape Gisèle Pelicot, after notifying his wife he was stepping out, the court heard.

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

The courtroom became a key topic for a broader debate on rape culture in society as Dogan continued to claim he was innocent and had not committed rape, contending that because the victim's husband had welcomed him into the room, his actions had been justifiable.

The jury in the higher court was presented with video evidence of the victim's unresponsive form, comatose and breathing heavily in a deep sleep, while a smiling Dogan committed rape multiple times over a timeframe of what authorities reported was several hours. The judge said she had been at peril of fatal outcome by choking. The state's case said there was no question that she had been unaware and had not consented.

Defendant's Statements

The defendant informed the court the videos were simply “sexual encounters” and denied it was assault. He said what he did was “a sexual act”, not assault. He told the court: “I never raped.” He said Gisèle Pelicot’s husband had brought him to the home, and therefore it was acceptable. He said he was manipulated by Dominique Pelicot. “I attempted to cease,” Dogan stated to the court. “I carried on because he reassured me.”

Asked if he wanted to make a final statement to the court, the defendant said: “I did not intend to harm that lady.”

Survivor's Statement

Gisèle Pelicot, who was cheered upon exiting the courtroom each day by supporters gathered to back her, said to the defendant in court: “You do not grasp. When will you acknowledge you violated me? It is unlawful to assault an unconscious woman. When did I ever give you permission? At no time.”

Gisèle Pelicot, 72, became an global icon after she waived her right to confidentiality in the trial last year when she said: “Shame must change sides.”

State's Argument

Sie, turning to Gisèle Pelicot in court, said the defendant's refusal to take blame showed that: “Shame has not yet changed sides. The community is maybe in the process of that, perhaps driven by the public consciousness spurred by the publication of your situation.”

Sie said Dogan’s claims of innocence showed how normalized violence was still prevalent in society as part of “archaic” forms of “male domination”. He said: “It is imperative to change the culture of violence to a ethos of permission.”

Sie told the defendant: “For as much as you refuse to admit it, it’s not just a person, it’s an whole sordid societal structure that you are supporting.”

Personal History

Dogan was born in the country of Turkey and at the age of five moved to the nation of France, where his father worked as a concierge. The testimony revealed that his parent was aggressive and that the defendant began using drugs at the age of 10. When he was 17 he was caught by authorities for selling narcotics and his parent forced him to leave the residence. He served time in prison for drug dealing in his twenties and had worked as a laborer but had faced periods of living on the streets.

He was wed and had a son with Down’s syndrome, who he was the primary guardian for, as his spouse worked in a school canteen. The evidence showed his wife did not know he had repeated extramarital activities outside their union. His legal team said this was his method of dealing with his stressful life. Dogan had stated to a mental health expert that annually he looked for transactional encounters on his special day. His legal representatives stated to the court he had arthritis resulting from the stress of the original case.