🔗 Share this article

A defendant has been found guilty on higher court review of sexually assaulting Gisèle Pelicot after she was sedated by her spouse – and was given his prison sentence extended to a decade.

Retrial Proceedings

Husamettin Dogan, 44, an out-of-work construction worker, who had appealed his initial guilty verdict last year, faced a new trial this week at the higher court in Nîmes.

A jury of nine jurors, accompanied by three judges, convicted Dogan on Thursday of sexually assaulting Pelicot in her bedroom in Provence in the early hours of 29 June 2019.

The evidence showed that the accused, a family man, connected with the victim's spouse, the husband, in an internet forum called “without her knowledge”, where the husband was seeking men to visit his house to assault his wife after he had drugged her into a unconscious state.

“We hope the panel will say loud and clear that in this nation, fundamental rights are also women’s rights – that permission is personal, not delegated,” stated the victim's attorney, her legal representative. “Permission is secured personally and not by proxy from a spouse.”

Background

The husband, a notorious sex offenders in modern French history, was sentenced to 20 years in prison last year for drugging his spouse and soliciting numerous individuals to rape her in her home in the community of Mazan over a span of almost a decade of their union.

Numerous other individuals were found culpable in a widely publicized trial last year, and the appellant was the only man to appeal against his verdict. He was initially sentenced to 9 years in prison, a penalty raised on Thursday to a decade.

The chief prosecutor, the prosecutor, had argued he should serve 12 years, because he “stubbornly rejects to take any responsibility”.

Testimony and Proof

Dogan had first sent the husband sexually explicit photos and then traveled an hour from his town in the region to rape Gisèle Pelicot, after telling his wife he was going out, the testimony revealed.

The ex-husband, who was brought from solitary confinement in prison to temporarily provide testimony at the hearing, stated to the court that Dogan had understood his wife had been “incapacitated” and he said to men by phone: “I want someone to assault my wife after I’ve put her to sleep without her knowledge.”

The courtroom became a focus point for a larger conversation on societal attitudes in society as Dogan continued to say he was blameless and had not engaged in violation, contending that because Gisèle Pelicot’s husband had welcomed him into the room, his behavior had been justifiable.

The panel in the higher court was displayed recorded footage of the victim's unresponsive form, unconscious and breathing heavily in a deep sleep, while a smiling the perpetrator committed rape on several occasions over a duration of what authorities reported was 3.5 hours. The presiding judge said she had been at peril of fatal outcome by asphyxiation. The state's case said there was absolute certainty that she had been unconscious and had not agreed.

Dogan's Claims

The defendant told the court the videos were simply “sex scenes” and disputed it was assault. He said what he did was “a sexual act”, not rape. He told the court: “I never raped.” He said the victim's husband had invited him to the residence, and therefore it was permissible. He said he was manipulated by the husband. “I wanted to stop,” the accused stated to the court. “I proceeded because he persuaded me.”

Questioned if he wanted to make a final statement to the court, Dogan said: “I had no desire to injure that lady.”

Victim's Response

The survivor, who was applauded upon leaving court each day by supporters assembled to back her, said to the defendant in court: “You do not grasp. When are you going to recognise you assaulted me? It is illegal to assault an unaware woman. When did I ever give you permission? Not once.”

The victim, 72, became an global icon after she gave up her right to anonymity in the trial last year when she said: “Guilt ought to transfer.”

Legal Commentary

The prosecutor, turning to the victim in court, said the defendant's refusal to take blame showed that: “Guilt has not shifted. The public is maybe in the course of that, maybe driven by the collective awareness resulting from the revelation of your ordeal.”

The prosecutor said Dogan’s claims of non-guilt showed how rape culture was still widespread in society as part of “outdated” forms of “patriarchal control”. He said: “It is imperative to change rape culture to a ethos of permission.”

The prosecutor said to Dogan: “While you reject it, it’s not just a individual, it’s an whole sordid societal structure that you are endorsing.”

Biographical Details

The accused was originated from the country of Turkey and at the age of 5 moved to France, where his father worked as a concierge. The court heard that his parent was violent and that the defendant began smoking cannabis at the age of 10. When he was 17 he was caught by authorities for drug trafficking and his parent evicted him the residence. He served time in prison for narcotics offenses in his twenties and had worked as a construction worker but had faced periods of homelessness.

He was wed and had a son with Down’s syndrome, 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 repeated intimate relations beyond their marriage. His defence said this was his method of dealing with his challenging existence. The defendant had informed a evaluator that annually he engaged in commercial sex on his special day. His attorneys stated to the court he had a medical condition triggered by the stress of the first trial.