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An individual has been found guilty on appeal of sexually assaulting Gisèle Pelicot following she was sedated by her husband – and received his jail term extended to a decade.

Higher Court Case

Husamettin Dogan, forty-four, an out-of-work construction worker, who had challenged his initial guilty verdict last year, faced a retrial this week at the higher court in Nîmes.

A panel of nine jurors, sitting with three judges, ruled against Dogan on Thursday of sexually assaulting Pelicot in her home in Provence in the early hours of 29 June 2019.

The testimony revealed that the accused, a married father, made contact with Gisèle Pelicot’s husband at the time, the husband, in an digital platform titled “without her consent”, where Pelicot was seeking men to enter his residence to rape his wife once he had sedated her into a unconscious state.

We expect the jury will declare that in this nation, human rights are also women’s rights – that permission is individual, not delegated,” stated the victim's attorney, her legal representative. “Agreement is secured personally and not via a representative from a spouse.”

Case History

Dominique Pelicot, among the most severe sexual predators in recent French history, was handed a sentence to two decades in prison last year for incapacitating his wife at the time and inviting dozens of men to rape her in her home in the Provence village of Mazan over a duration of nearly ten years of their union.

Dozens of additional defendants were found guilty in a high-profile trial last year, and Dogan was the only man to contest his conviction. He was initially handed a term to nine years in prison, a sentence enhanced on Thursday to ten years.

The lead state prosecutor, the prosecutor, had argued he should serve twelve years, because he “completely denies to take any responsibility”.

Courtroom Details

The defendant had initially sent Dominique Pelicot sexually explicit photos and then traveled an hour from his residence in the region to assault the victim, after informing his wife he was leaving, the testimony revealed.

Pelicot, who was brought from solitary confinement in prison to temporarily give evidence at the hearing, stated to the court that Dogan had understood his wife had been “sedated” and he communicated to men by phone: “I’m looking for someone to abuse my wife after I’ve sedated her without her knowledge.”

The courtroom became a key topic for a larger conversation on societal attitudes in society as the defendant continued to say he was blameless and had not engaged in violation, contending that because the victim's husband had invited him into the bedroom, his conduct had been acceptable.

The jury in the higher court was displayed video evidence of the victim's unconscious figure, unconscious and snoring in a deep sleep, while a smiling the perpetrator engaged in violation multiple times over a duration of what authorities reported was several hours. The court official said she had been at peril of fatal outcome by suffocation. The state's case said there was no doubt that she had been unconscious and had not consented.

Accused's Testimony

The defendant told the court the recordings were simply “sexual encounters” and disputed it was assault. He said what he did was “an intimate behavior”, not rape. He told the court: “I did not commit rape.” He said the victim's husband had invited him to the home, and therefore it was acceptable. He said he was deceived by Dominique Pelicot. “I tried to halt,” Dogan stated to the court. “I continued because he convinced me.”

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

Survivor's Statement

The victim, who was applauded upon departing the trial each day by onlookers present to back her, said to Dogan in court: “You haven’t understood. When will you acknowledge you assaulted me? It is illegal to assault an unconscious woman. How could I have give you agreement? Never.”

Gisèle Pelicot, 72, became an global icon after she relinquished her right to confidentiality in the trial last year when she said: “The shame should shift.”

Legal Commentary

The prosecutor, turning to Gisèle Pelicot in court, said the defendant's failure to take accountability showed that: “Shame has not yet changed sides. The community is maybe in the midst of that, possibly driven by the public consciousness brought by the revelation of your case.”

The prosecutor said Dogan’s claims of non-guilt showed how rape culture was still prevalent in society as part of “outdated” forms of “male domination”. He said: “It is imperative to change the culture of violence to a culture of consent.”

The prosecutor addressed the defendant: “As long as you deny it, it’s not just a person, it’s an entire sordid societal structure that you are supporting.”

Biographical Details

The accused was originated from the country of Turkey and at the age of 5 came to France, where his parent worked as a building manager. The court heard that his parent was violent and that the defendant began consuming marijuana at the age of 10. When he was 17 he was stopped by police for dealing drugs and his parent evicted him the family house. He spent time in prison for drug dealing in his twenties and had worked as a construction worker but had undergone periods of homelessness.

He was married and had a son with special needs, who he was the principal carer for, as his spouse worked in a educational cafeteria. The evidence showed his spouse did not know he had frequent extramarital activities beyond their union. His legal team said this was his method of dealing with his stressful life. Dogan had told a court psychologist that annually he looked for commercial sex on his birthday. His legal representatives informed the court he had a medical condition caused by the anxiety of the first trial.