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A defendant was convicted on appeal of sexually assaulting Gisèle Pelicot after she was sedated by her then-husband – and has had his prison sentence increased to 10 years.

Higher Court Case

Husamettin Dogan, forty-four, an unemployed builder, who had appealed his first conviction last year, underwent a appeal hearing 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 the victim in her home in Provence in the morning of June 29, 2019.

The testimony revealed that Dogan, a married father, reached out to Gisèle Pelicot’s spouse, the husband, in an internet forum titled “unbeknownst to her”, where the husband was looking for men to visit his house to rape his wife once he had sedated her into a comatose state.

“We hope the panel will say loud and clear that in this country, human rights are also women’s rights – that agreement is individual, not delegated,” stated the victim's attorney, her legal representative. “Consent is received personally and not by proxy from a husband.”

Background

The ex-husband, a notorious sex offenders in recent French history, was handed a sentence to two decades in prison last year for sedating his wife at the time and soliciting multiple perpetrators to sexually assault her in her home in the community of the village of Mazan over a period of nearly ten years of their marriage.

Numerous other individuals were found culpable in a high-profile trial last year, and Dogan was the sole individual to appeal against his sentence. He was initially given a sentence to 9 years in prison, a penalty enhanced on Thursday to a decade.

The state's attorney, Dominique Sie, had contended he should serve twelve years, because he “absolutely refuses to take any responsibility”.

Evidence Presented

Dogan had first sent the husband graphic images and then traveled an hour from his village in Provence to rape Gisèle Pelicot, after notifying his wife he was stepping out, the evidence indicated.

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

The proceedings became a central issue for a wider discussion on rape culture in society as the defendant continued to claim he was blameless and had not engaged in violation, contending that because Gisèle Pelicot’s husband had invited him into the bedroom, his actions had been acceptable.

The panel in the higher court was displayed recorded footage of the victim's unresponsive form, sedated and snoring in a unconscious condition, while a grinning the perpetrator engaged in violation on several occasions over a duration of what police said was three and a half hours. The court official said she had been at risk of fatal outcome by suffocation. The prosecution said there was absolute certainty that she had been incapacitated and had not agreed.

Accused's Testimony

The defendant stated to the court the recordings were simply “sexual encounters” and rejected it was assault. He said what he did was “a consensual activity”, not assault. He told the court: “I did not commit rape.” He said the victim's husband had brought him to the house, and therefore it was OK. He said he was influenced by Dominique Pelicot. “I wanted to stop,” the accused told the court. “I proceeded because he convinced me.”

Asked if he wanted to make a final statement to the court, Dogan said: “I did not intend to hurt that lady.”

Victim's Response

The victim, who was cheered upon leaving court each day by onlookers present to back her, told the defendant in court: “You do not grasp. When are you going to recognise you raped me? It is unlawful to assault an unaware 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 privacy in the trial last year when she said: “The shame should shift.”

Prosecutor's Remarks

The prosecutor, addressing Gisèle Pelicot in court, said Dogan’s refusal to take blame showed that: “Guilt has not shifted. Society is perhaps in the course of that, perhaps motivated by the collective awareness spurred by the revelation of your situation.”

The prosecutor said Dogan’s claims of non-guilt showed how societal tolerance was still prevalent in society as part of “old-fashioned” forms of “gender-based power”. He said: “We need to change rape culture to a culture of consent.”

Sie said to the defendant: “For as much as you refuse to admit it, it’s not just a person, it’s an complete unpleasant social system that you are upholding.”

Personal History

The accused was originated from the country of Turkey and at the age of five relocated to the nation of France, where his parent worked as a caretaker. The testimony revealed that his parent was abusive and that Dogan began using drugs aged ten. When he was 17 he was caught by police for selling narcotics and his father evicted him the family house. He spent time in prison for trafficking in his young adulthood and had worked as a builder but had experienced periods of being unhoused.

He was married and had a child with Down’s syndrome, who he was the main caregiver for, as his spouse worked in a school canteen. The testimony revealed his wife did not know he had repeated sexual encounters beyond their marriage. His legal team said this was his strategy for managing with his stressful life. Dogan had stated to a court psychologist that each year he engaged in commercial sex on his special day. His legal representatives told the court he had arthritis caused by the pressure of the original case.