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A man has been found guilty on retrial of sexually assaulting Gisele Pelicot after she was sedated by her husband – and was given his incarceration period extended to a decade.

Retrial Proceedings

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

A panel of nine jurors, accompanied by three judges, found Dogan guilty 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, Dominique Pelicot, in an internet forum named “unbeknownst to her”, where Pelicot was seeking men to enter his residence to assault his wife once he had drugged her into a deep sleep.

We trust the court will affirm that in this nation, fundamental rights are also rights of women – that permission is personal, not delegated,” declared Gisèle Pelicot’s lawyer, her legal representative. “Permission is received personally and not through someone else from a husband.”

Context

The husband, one of the worst sexual predators in recent French history, was sentenced to 20 years in prison last year for sedating his wife at the time and soliciting dozens of men to sexually assault her in her home in the community of Mazan over a span of many years of their marriage.

Fifty other men were found convicted in a high-profile trial last year, and the appellant was the single defendant to appeal against his verdict. He was first handed a term to nine years in prison, a penalty raised on Thursday to ten years.

The chief prosecutor, Dominique Sie, had stated he should serve 12 years, because he “absolutely refuses to take any responsibility”.

Testimony and Proof

Dogan had first sent Dominique Pelicot inappropriate pictures and then driven an hour from his village in the region to assault Gisèle Pelicot, after telling his wife he was stepping out, the court heard.

The ex-husband, who was transported from isolation in prison to temporarily provide testimony at the appeal trial, stated to 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 violate my wife after I’ve put her to sleep unbeknownst to her.”

The trial became a focus point for a wider discussion on rape culture in society as the defendant continued to say he was innocent and had not committed rape, arguing that because the victim's husband had invited him into the bedroom, his conduct had been justifiable.

The panel in the higher court was shown video evidence of Gisèle Pelicot’s unresponsive form, unconscious and breathing heavily in a comatose state, while a smiling the perpetrator engaged in violation repeatedly over a timeframe of what police said was three and a half hours. The court official said she had been at risk of death by choking. The prosecution said there was no question that she had been unaware and had not consented.

Defendant's Statements

The defendant informed the court the footage were simply “sex scenes” and rejected it was rape. He said what he did was “a sexual act”, not rape. He declared the court: “I never raped.” He said Gisèle Pelicot’s husband had allowed him to the home, and therefore it was acceptable. He said he was manipulated by Dominique Pelicot. “I attempted to cease,” the accused told the court. “I continued because he reassured me.”

Inquired if he wanted to make a last words to the court, Dogan said: “I did not intend to hurt that individual.”

Survivor's Statement

The victim, who was supported upon departing the trial each day by supporters assembled to back her, addressed the defendant in court: “You fail to comprehend. When are you going to recognise you assaulted me? It is illegal to assault an unconscious woman. When did I ever give you agreement? At no time.”

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

Legal Commentary

The prosecutor, turning to Gisèle Pelicot in court, said Dogan’s refusal to take blame showed that: “The shame remains. Society is maybe in the midst of that, possibly propelled by the public consciousness spurred by the revelation of your ordeal.”

Sie said Dogan’s claims of blamelessness showed how societal tolerance was still common in society as part of “archaic” forms of “gender-based power”. He said: “We need to change the culture of violence to a ethos of permission.”

Sie said to the defendant: “While you reject it, it’s not just a woman, it’s an whole sordid cultural framework that you are supporting.”

Biographical Details

Dogan was originated from Turkey and at the age of five relocated to the nation of France, where his father worked as a building manager. The testimony revealed that his father was abusive and that Dogan began smoking cannabis at the age of ten. When he was 17 he was caught by police for drug trafficking and his father evicted him the residence. He served time in prison for trafficking in his young adulthood and had worked as a construction worker but had experienced periods of homelessness.

He was wed and had a child with Down’s syndrome, who he was the primary guardian for, as his spouse worked in a institution's dining hall. The testimony revealed his spouse did not know he had repeated sexual encounters beyond their marriage. His legal team said this was his method of dealing with his challenging existence. Dogan had informed a court psychologist that each year he sought paid sex on his special day. His lawyers informed the court he had arthritis caused by the anxiety of the first trial.