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A defendant has been found guilty on higher court review of sexually assaulting Gisele Pelicot following she was rendered comatose by her spouse – and was given his prison sentence extended to ten years.

Appeal Trial

Husamettin Dogan, 44, an out-of-work construction worker, who had contested his initial guilty verdict last year, faced a new trial this week at the Nîmes court of appeal.

A panel of five men and four women, joined by three judges, found Dogan guilty on Thursday of raping Pelicot in her residence in southern France in the early hours of 29 June 2019.

The testimony revealed that Dogan, a family man, connected with Gisèle Pelicot’s spouse, Dominique Pelicot, in an digital platform called “without her consent”, where the husband was looking for men to visit his house to assault his wife after he had drugged her into a deep sleep.

“We hope the court will affirm that in this society, human rights are also women’s rights – that agreement is individual, not delegated,” said Gisèle Pelicot’s attorney, Antoine Camus. “Agreement is obtained directly and not via a representative from a husband.”

Case History

The ex-husband, one of the worst sex offenders in France's contemporary records, was sentenced to twenty years in prison last year for drugging his spouse and bringing in dozens of men to rape her in her home in the Provence village of Mazan over a span of almost a decade of their union.

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

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

Testimony and Proof

The defendant had initially sent the husband inappropriate pictures and then driven an hour from his village in Provence to rape the victim, after telling his wife he was stepping out, the court heard.

The ex-husband, who was transported from solitary confinement in prison to temporarily testify at the appeal trial, told the court that Dogan had understood his wife had been “sedated” and he told to men by phone: “I want someone to abuse my wife after I’ve sedated her without her knowledge.”

The courtroom became a central issue for a broader debate on sexual violence norms in society as Dogan continued to claim he was innocent and had not engaged in violation, arguing that because Gisèle Pelicot’s husband had invited him into the residence, his behavior had been justifiable.

The jury in the Nîmes appeals court was displayed visual proof of Gisèle Pelicot’s limp body, sedated and breathing heavily in a unconscious condition, while a smiling Dogan engaged in violation repeatedly over a duration of what police said was 3.5 hours. The court official said she had been at risk of death by choking. The prosecution said there was absolute certainty that she had been incapacitated and had not agreed.

Accused's Testimony

Dogan told the court the footage were simply “sexual encounters” and disputed it was violation. He said what he did was “a sexual act”, not assault. He declared the court: “I never raped.” He said Gisèle Pelicot’s husband had invited him to the home, and therefore it was acceptable. He said he was deceived by the husband. “I attempted to cease,” Dogan told the court. “I proceeded because he reassured me.”

Questioned if he wanted to make a final statement to the court, Dogan said: “I never wanted to hurt that woman.”

Survivor's Statement

The survivor, who was supported upon exiting the courtroom each day by onlookers gathered to support her, told Dogan in court: “You haven’t understood. When will you admit you violated me? It is unlawful to rape an incapacitated woman. At what point did I give you consent? Not once.”

The victim, 72, became an global icon after she waived her right to anonymity in the trial last year when she said: “Guilt ought to transfer.”

Legal Commentary

Sie, addressing Gisèle Pelicot in court, said the defendant's unwillingness to take responsibility showed that: “Guilt has not shifted. The public is perhaps in the midst of that, perhaps propelled by the societal understanding brought by the revelation of your situation.”

The prosecutor said Dogan’s claims of innocence showed how societal tolerance was still widespread in society as part of “archaic” forms of “gender-based power”. He said: “We need to change the culture of violence to a culture of consent.”

The prosecutor told the defendant: “For as much as you reject it, it’s not just a woman, it’s an complete disturbing societal structure that you are supporting.”

Defendant's Background

Dogan was originated from the country of Turkey and at the age of five moved to France, where his parent worked as a concierge. The evidence indicated that his father was abusive and that the defendant began smoking cannabis aged 10. When he was 17 he was stopped by police for drug trafficking and his father forced him to leave the family house. He was incarcerated in prison for trafficking in his young adulthood and had worked as a laborer but had faced periods of homelessness.

He was married and had a child with special needs, who he was the principal carer for, as his spouse worked in a institution's dining hall. The evidence showed his wife did not know he had regular sexual encounters beyond their union. His legal team said this was his strategy for managing with his stressful life. The defendant had informed a mental health expert that annually he looked for paid sex on his birthday. His legal representatives informed the court he had joint inflammation resulting from the pressure of the original case.