Witnesses have testified that defendant Husamettin Dogan was “fully aware” that Gisele Pelicot was asleep while he was assaulting her, as his appeal unfolds in a French court in the southern city of Nimes.
Dogan, a 44-year-old construction worker, was one of 50 men convicted of sexually abusing Pelicot in a landmark case last December.
But he has since sought to overturn his conviction, claiming he was not a “rapist” and insisting he thought he was participating in a consensual sexual activity.
He is the only defendant from that case to appeal. He has been sentenced to nine years in prison, lower than the 12 years initially sought by prosecutors.
Tuesday marked the second day of his appeal, and prosecutors presented evidence to contradict his claims.
Witnesses included Pelicot’s ex-husband Dominique Pelicot, who previously received a prison term of 20 years, the maximum sentence, for orchestrating the assaults in the former couple’s home in Mazan.
During trial last year, Dominique Pelicot admitted that, for more than a decade, he drugged his then-wife of 50 years so that he and strangers he recruited online could abuse her. He also filmed the assaults, which included at least 50 men.
In Tuesday’s hearing, he denied ever coercing or misleading Dogan. “I never forced anyone,” he said. “They never needed me.”
He also refuted Dogan’s assertion that his invitation was to participate in a sexual game. “I never said that,” he said.
“I have no interest in speaking ill of anyone, except to tell the truth,” Dominique Pelicot added.
Dogan visited the couple’s home on June 28, 2019, where he is accused of assaulting Gisele Pelicot for more than three hours. Dogan, however, has said he only realised that something was wrong when he heard the woman snoring.
Investigator Jeremie Bosse-Platiere also testified on Tuesday. He cited video footage of Gisele Pelicot’s assault to assert that Dogan was fully aware Gisele had not consented.
“Anyone who sees the videos understands this immediately,” Bosse-Platiere said.
The police commissioner described a video in which Gisele Pelicot was seen moving slightly, causing Dogan to immediately withdraw.
“We understand that he is worried that his victim might wake up and freezes in a waiting position,” said Bosse-Platiere.
“After 30 seconds, seeing that it was a reflex caused by pain or discomfort, he reintroduces his penis into her vagina.”
Investigators found a total of 107 photos and 14 videos from the night Dogan visited the couple’s home in the southern town of Mazan.
Gisele Pelicot herself is set to take the stand on Wednesday morning, with the verdict expected later that day or Thursday.
Her decision to waive her right to anonymity during the initial trial was celebrated as a bold move for transparency, raising awareness about the prevalence of sexual assault and domestic violence in France and around the world.
She also attended the proceedings in person and faced her abusers in court. She was named a knight of the Legion of Honour, France’s top civic honour, in July.
Her case has resulted in greater momentum to reform France’s laws about rape and sexual assault.
Lawmakers in France’s National Assembly and Senate have pushed for an update to the definition of rape under the country’s penal code, in order to include a clear reference to the need for consent. A final bill is expected to pass in the coming months.
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