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A defendant was declared guilty on appeal of sexually assaulting Gisele Pelicot following she was drugged unconscious by her husband – and received his jail term increased to a decade.

Higher Court Case

Husamettin Dogan, 44, an out-of-work construction worker, who had contested his first conviction last year, experienced a new trial this week at the higher court in Nîmes.

A panel of nine jurors, sitting with three judges, convicted Dogan on Thursday of sexually assaulting Pelicot in her residence in Provence in the morning of June 29, 2019.

The testimony revealed that the accused, a married father, made contact with Gisèle Pelicot’s spouse, the husband, in an online chatroom titled “without her consent”, where Pelicot was recruiting men to come to his home to assault his wife after he had drugged her into a unconscious state.

“We hope the panel will affirm that in this country, fundamental rights are also women’s rights – that consent is personal, not given by another,” said Gisèle Pelicot’s lawyer, Antoine Camus. “Consent is received personally and not through someone else from a spouse.”

Case History

The ex-husband, a notorious sexual predators in France's contemporary records, was given a prison term to two decades in prison last year for incapacitating his then wife and inviting multiple perpetrators to sexually assault her in her home in the town of Mazan over a period of many years of their marriage.

Dozens of additional defendants were found culpable in a widely publicized trial last year, and the appellant was the only man to contest his sentence. He was first sentenced to nine years in prison, a punishment enhanced on Thursday to ten years.

The lead state prosecutor, Dominique Sie, had stated he should serve twelve years, because he “stubbornly rejects to take any responsibility”.

Evidence Presented

Dogan had first sent Dominique Pelicot graphic images and then traveled an hour from his town in Provence to rape Gisèle Pelicot, after telling his wife he was leaving, the court heard.

Pelicot, who was brought from segregation in prison to briefly give evidence at the retrial, informed the court that Dogan had understood his wife had been “incapacitated” and he said to men by phone: “I’m looking for someone to violate my wife after I’ve rendered her unconscious without her consent.”

The proceedings became a focus point for a broader debate on rape culture in society as Dogan continued to assert he was innocent and had not committed rape, stating that because Gisèle Pelicot’s husband had allowed him into the bedroom, his actions had been permissible.

The jury in the Nîmes appeals court was shown visual proof of the victim's unresponsive form, sedated and snoring in a deep sleep, while a smiling the perpetrator committed rape on several occasions over a duration of what police said was several hours. The judge said she had been at peril of fatal outcome by asphyxiation. The prosecution said there was no question that she had been incapacitated and had not consented.

Accused's Testimony

Dogan told the court the footage were simply “sex scenes” and disputed it was rape. He said what he did was “a sexual act”, not assault. He stated the court: “I never raped.” He said Gisèle Pelicot’s husband had brought him to the residence, and therefore it was permissible. He said he was influenced by the husband. “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 never wanted to hurt that woman.”

Pelicot's Words

The survivor, who was applauded upon departing the trial each day by onlookers present to stand with her, addressed the defendant in court: “You fail to comprehend. When will you acknowledge you assaulted me? It’s a crime to rape an unconscious woman. At what point did I give you consent? Never.”

Gisèle Pelicot, seventy-two, became an symbol of resistance after she gave up her right to anonymity in the trial last year when she said: “The shame should shift.”

State's Argument

The prosecutor, turning to Gisèle Pelicot in court, said Dogan’s refusal to take accountability showed that: “Guilt has not shifted. The public is maybe in the midst of that, maybe driven by the public consciousness resulting from the revelation of your situation.”

The prosecutor said Dogan’s claims of non-guilt showed how rape culture was still widespread in society as part of “old-fashioned” forms of “male domination”. He said: “Now we must change rape culture to a society based on agreement.”

The prosecutor told Dogan: “As long as you deny it, it’s not just a individual, it’s an whole sordid societal structure that you are supporting.”

Personal History

Dogan was born in Turkey and at the age of five relocated to France, where his father worked as a caretaker. The court heard that his father was abusive and that the defendant began using drugs at the age of ten. When Dogan was seventeen he was caught by police for selling narcotics and his parent evicted him of home. He served time in prison for narcotics offenses in his young adulthood and had worked as a builder but had experienced periods of homelessness.

He was wed and had a child with a genetic condition, 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 intimate relations beyond their marriage. His legal team said this was his strategy for managing with his stressful life. The defendant had told a mental health expert that once a year he engaged in paid sex on his birthday. His attorneys stated to the court he had a medical condition triggered by the stress of the initial proceedings.