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A defendant has been found guilty on retrial of sexually assaulting Gisele Pelicot after she was sedated by her husband – and has had his prison sentence extended to ten years.

Higher Court Case

Husamettin Dogan, forty-four, an unemployed builder, who had challenged his first conviction last year, faced a appeal hearing this week at the higher court in Nîmes.

A panel of nine jurors, accompanied by three judges, found Dogan guilty on Thursday of raping the victim in her home 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 Gisèle Pelicot’s then husband, Dominique Pelicot, in an internet forum called “without her consent”, where Pelicot was looking for men to come to his home to assault his wife once he had drugged her into a deep sleep.

“We hope the jury will declare that in this nation, fundamental rights are also rights of women – that agreement is individual, not transferred,” said the victim's lawyer, her legal representative. “Agreement is received personally and not via a representative from a husband.”

Context

The husband, one of the worst sex offenders in modern French history, was sentenced to twenty years in prison last year for drugging his spouse and inviting dozens of men to rape her in her home in the town of Mazan over a period of many years of their marriage.

Dozens of additional defendants were found guilty in a high-profile trial last year, and the appellant was the only man to challenge his conviction. He was first handed a term to 9 years in prison, a sentence increased on Thursday to 10 years.

The state's attorney, Dominique Sie, had argued he should serve 12 years, because he “absolutely refuses to take any accountability”.

Testimony and Proof

The defendant had initially sent the husband graphic images and then driven an hour from his village in the region to rape the victim, after telling his wife he was stepping out, the court heard.

Pelicot, who was brought from isolation in prison to briefly testify at the hearing, informed the court that the accused had been aware his wife had been “drugged” and he told to men by phone: “I’m looking for someone to abuse my wife after I’ve put her to sleep without her knowledge.”

The trial became a key topic for a larger conversation on sexual violence norms in society as Dogan continued to claim he was blameless and had not committed rape, contending that because Gisèle Pelicot’s husband had invited him into the room, his conduct had been justifiable.

The panel in the higher court was displayed visual proof of the victim's limp body, comatose and snoring in a deep sleep, while a smiling the perpetrator performed assault repeatedly over a period of what police said was three and a half hours. The presiding judge said she had been at danger of fatal outcome by asphyxiation. The prosecution said there was no question that she had been unconscious and had not consented.

Defendant's Statements

Dogan stated to the court the videos were simply “sex scenes” and rejected it was violation. He said what he did was “a sexual act”, not rape. He declared the court: “I am innocent of assault.” He said the victim's husband had allowed him to the residence, and therefore it was acceptable. He said he was manipulated by Dominique Pelicot. “I wanted to stop,” Dogan told the court. “I carried on because he reassured me.”

Questioned if he wanted to make a final statement to the court, the defendant said: “I never wanted to injure that individual.”

Survivor's Statement

Gisèle Pelicot, who was applauded upon exiting the courtroom each day by supporters assembled to stand with her, addressed Dogan in court: “You fail to comprehend. When will you admit you assaulted me? It is unlawful to rape an unconscious woman. At what point did I give you consent? Never.”

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

State's Argument

The prosecutor, speaking to Gisèle Pelicot in court, said the defendant's failure to take accountability showed that: “Guilt has not shifted. Society is perhaps in the midst of that, perhaps propelled by the public consciousness brought by the revelation of your ordeal.”

Sie said the defendant's claims of innocence showed how rape culture was still common in society as part of “outdated” forms of “male domination”. He said: “It is imperative to change rape culture to a ethos of permission.”

Sie told Dogan: “As long as you refuse to admit it, it’s not just a woman, it’s an whole disturbing social system that you are endorsing.”

Personal History

The accused was originated from the country of Turkey and at the age of five came to France, where his father worked as a building manager. The testimony revealed that his parent was aggressive and that the defendant began smoking cannabis at the age of ten. When Dogan was seventeen he was stopped by authorities for selling narcotics and his father kicked him out the family house. He served time in prison for narcotics offenses in his early 20s and had worked as a construction worker but had faced periods of living on the streets.

He was wed and had a child with special needs, who he was the primary guardian for, as his wife worked in a educational cafeteria. The court heard his spouse did not know he had regular sexual encounters beyond their marriage. His legal team said this was his method of dealing with his stressful life. The defendant had stated to a mental health expert that annually he looked for transactional encounters on his special day. His legal representatives informed the court he had a medical condition caused by the anxiety of the original case.