A man was convicted on higher court review of sexually assaulting Gisèle Pelicot following she was sedated by her spouse – and has had his jail term extended to 10 years.
Higher Court Case
Husamettin Dogan, 44, an out-of-work construction worker, who had appealed his initial guilty verdict last year, experienced a new trial this week at the higher court in Nîmes.
A jury of nine jurors, joined by three judges, convicted Dogan on Thursday of sexually assaulting the victim in her home in Provence in the early hours of June 29, 2019.
The court heard that Dogan, a family man, reached out to the victim's husband at the time, Dominique Pelicot, in an online chatroom titled “without her knowledge”, where the husband was seeking men to enter his residence to rape his wife once he had rendered her unconscious into a deep sleep.
We expect the court will declare that in this society, fundamental rights are also rights of women – that consent is individual, not transferred,” stated Gisèle Pelicot’s lawyer, her legal representative. “Permission is obtained personally and not by proxy from a spouse.”
Case History
The ex-husband, a notorious sexual predators in recent French history, was handed a sentence to twenty years in prison last year for incapacitating his then wife and bringing in multiple perpetrators to rape her in her home in the community of the village of Mazan over a span of almost a decade of their marriage.
Fifty other men were found guilty in a widely publicized trial last year, and the appellant was the sole individual to challenge his verdict. He was initially given a sentence to nine years in prison, a penalty raised on Thursday to 10 years.
The lead state prosecutor, Dominique Sie, had argued he should serve twelve years, because he “completely denies to take any responsibility”.
Courtroom Details
Dogan had first sent Dominique Pelicot sexually explicit photos and then traveled an hour from his village in Provence to assault Gisèle Pelicot, after telling his wife he was stepping 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 known his wife had been “drugged” and he communicated to men by phone: “I’m looking for someone to assault my wife after I’ve put her to sleep without her consent.”
The proceedings became a central issue for a wider discussion on sexual violence norms in society as Dogan continued to say he was not guilty and had not perpetrated assault, contending that because Gisèle Pelicot’s husband had invited him into the bedroom, his behavior had been acceptable.
The panel in the Nîmes appeals court was displayed recorded footage of Gisèle Pelicot’s limp body, comatose and breathing heavily in a deep sleep, while a grinning Dogan engaged in violation on several occasions over a timeframe of what investigators stated was 3.5 hours. The presiding judge said she had been at risk of death by suffocation. The state's case said there was no question that she had been unconscious and had not agreed.
Defendant's Statements
The defendant informed the court the footage were simply “sex scenes” and denied it was assault. He said what he did was “a consensual activity”, not assault. He told the court: “I never raped.” He said the victim's husband had allowed him to the home, and therefore it was permissible. He said he was influenced by the husband. “I attempted to cease,” Dogan told the court. “I continued because he convinced me.”
Questioned if he wanted to make a final statement to the court, Dogan said: “I did not intend to hurt that lady.”
Survivor's Statement
The victim, who was applauded upon leaving court each day by supporters present to support her, addressed the defendant in court: “You do not grasp. When will you acknowledge you assaulted me? It is illegal to rape an incapacitated woman. At what point did I give you permission? Never.”
The victim, 72, became an international feminist hero after she gave up her right to privacy in the trial last year when she said: “Shame must change sides.”
Legal Commentary
The prosecutor, speaking to the victim in court, said Dogan’s failure to take accountability showed that: “Shame has not yet changed sides. Society is perhaps in the midst of that, perhaps propelled by the collective awareness resulting from the revelation of your situation.”
Sie said Dogan’s claims of non-guilt showed how rape culture was still prevalent in society as part of “outdated” forms of “gender-based power”. He said: “We need to change the culture of violence to a culture of consent.”
Sie told the defendant: “While you reject it, it’s not just a individual, it’s an whole unpleasant societal structure that you are supporting.”
Defendant's Background
Dogan was originated from Turkey and at the age of five moved to France, where his father worked as a building manager. The court heard that his parent was aggressive and that Dogan began smoking cannabis aged ten. When he was 17 he was stopped by police for dealing drugs and his parent forced him to leave the residence. He was incarcerated in prison for trafficking in his twenties and had worked as a builder but had undergone periods of being unhoused.
He was married and had a child with a genetic condition, who he was the principal carer for, as his spouse worked in a institution's dining hall. The evidence showed his spouse did not know he had frequent extramarital activities beyond their marriage. His defence said this was his method of dealing with his difficult circumstances. Dogan had stated to a evaluator that once a year he engaged in paid sex on his special day. His legal representatives informed the court he had arthritis triggered by the stress of the original case.
