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A man has been found guilty on appeal of sexually assaulting Gisele Pelicot after she was rendered comatose by her then-husband – and has had his prison sentence raised to ten years.

Appeal Trial

Husamettin Dogan, 44, an unemployed builder, who had challenged his first conviction last year, underwent a appeal hearing this week at the Nîmes court of appeal.

A jury of nine jurors, sitting with three judges, convicted Dogan on Thursday of sexually assaulting the victim in her home in the south of France in the morning of June 29, 2019.

The testimony revealed that Dogan, a married father, reached out to the victim's spouse, the husband, in an internet forum named “unbeknownst to her”, where Pelicot was recruiting men to come to his home to rape his wife after he had drugged her into a deep sleep.

We expect the jury will affirm that in this country, human rights are also rights of women – that consent is individual, not delegated,” stated Gisèle Pelicot’s attorney, Antoine Camus. “Consent is secured directly and not through someone else from a husband.”

Background

The husband, among the most severe sex offenders in recent French history, was sentenced to twenty years in prison last year for sedating his then wife and bringing in dozens of men to sexually assault her in her home in the community of the village of Mazan over a duration of almost a decade of their marriage.

Numerous other individuals were found guilty in a notable trial last year, and the appellant was the sole individual to challenge his verdict. He was originally given a sentence to nine years in prison, a sentence increased on Thursday to 10 years.

The state's attorney, the prosecutor, had argued he should serve 12 years, because he “absolutely refuses to take any responsibility”.

Courtroom Details

The defendant had initially sent Dominique Pelicot sexually explicit photos and then driven an hour from his residence in Provence to rape Gisèle Pelicot, after telling his wife he was going out, the court heard.

Pelicot, who was brought from segregation in prison to briefly give evidence at the appeal trial, stated to the court that Dogan had been aware his wife had been “sedated” and he told to men by phone: “I seek someone to assault my wife after I’ve rendered her unconscious without her consent.”

The courtroom became a central issue for a wider discussion on societal attitudes in society as Dogan continued to assert he was not guilty and had not committed rape, arguing that because Gisèle Pelicot’s husband had invited him into the room, his behavior had been justifiable.

The jury in the Nîmes appeals court was presented with recorded footage of the victim's limp body, unconscious and breathing heavily in a deep sleep, while a grinning Dogan engaged in violation multiple times over a timeframe of what police said was several hours. The court official said she had been at danger of death by suffocation. The prosecution said there was no question that she had been unaware and had not given permission.

Dogan's Claims

Dogan informed the court the footage were simply “intimate moments” and disputed it was assault. He said what he did was “an intimate behavior”, not assault. He declared the court: “I never raped.” He said Gisèle Pelicot’s husband had invited him to the residence, and therefore it was acceptable. He said he was influenced by Dominique Pelicot. “I attempted to cease,” the accused informed the court. “I proceeded because he persuaded me.”

Inquired if he wanted to make a final statement to the court, Dogan said: “I had no desire to hurt that woman.”

Survivor's Statement

Gisèle Pelicot, who was applauded upon departing the trial each day by supporters assembled to support her, told Dogan in court: “You haven’t understood. When are you going to recognise you raped me? It is illegal to rape an unconscious woman. How could I have give you permission? Not once.”

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

Legal Commentary

The prosecutor, speaking to the victim in court, said Dogan’s refusal to take responsibility showed that: “Guilt has not shifted. The community is possibly in the course of that, possibly driven by the collective awareness brought by the publication of your case.”

Sie said Dogan’s claims of innocence showed how rape culture was still prevalent in society as part of “archaic” forms of “male domination”. He said: “Now we must change the culture of violence to a ethos of permission.”

The prosecutor addressed the defendant: “For as much as you refuse to admit it, it’s not just a individual, it’s an complete unpleasant cultural framework that you are supporting.”

Defendant's Background

Dogan was born in the country of Turkey and at the age of 5 came to France, where his parent worked as a caretaker. The court heard that his parent was violent and that the defendant began using drugs aged 10. When Dogan was 17 he was stopped by authorities for selling narcotics and his parent forced him to leave the family house. He served time in prison for trafficking in his twenties and had worked as a construction worker but had experienced periods of being unhoused.

He was wed and had a child with Down’s syndrome, who he was the principal carer for, as his spouse worked in a school canteen. The court heard his wife did not know he had regular sexual encounters beyond their marriage. His legal team said this was his way of coping with his difficult circumstances. The defendant had informed a court psychologist that once a year he looked for transactional encounters on his birthday. His lawyers told the court he had arthritis triggered by the anxiety of the original case.