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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 husband – and was given his jail term raised to ten years.

Appeal Trial

Husamettin Dogan, 44, an unemployed builder, who had contested his initial guilty verdict last year, faced a appeal hearing this week at the appeals court in Nîmes.

A jury of five men and four women, sitting with three judges, found Dogan guilty on Thursday of sexually assaulting the victim in her bedroom in Provence in the early hours of 29 June 2019.

The testimony revealed that the accused, a married father, connected with the victim's then husband, the husband, in an online chatroom called “without her knowledge”, where Pelicot was recruiting men to enter his residence to rape his wife once he had rendered her unconscious into a unconscious state.

“We hope the jury will say loud and clear that in this society, human rights are also rights of women – that permission is personal, not given by another,” declared the victim's attorney, Antoine Camus. “Consent is obtained directly and not via a representative from a husband.”

Case History

Dominique Pelicot, among the most severe sex offenders in modern French history, was sentenced to 20 years in prison last year for incapacitating his wife at the time and soliciting multiple perpetrators to sexually assault her in her home in the community of Mazan over a span of many years of their marriage.

Dozens of additional defendants were found convicted in a notable trial last year, and Dogan was the only man to challenge his conviction. He was first given a sentence to 9 years in prison, a penalty increased on Thursday to ten years.

The chief prosecutor, Dominique Sie, had stated he should serve twelve years, because he “stubbornly rejects to take any accountability”.

Testimony and Proof

Dogan had first sent Dominique Pelicot sexually explicit photos and then driven an hour from his village in the region to rape the victim, after telling his wife he was stepping out, the court heard.

Pelicot, who was transported from isolation in prison to briefly give evidence at the appeal trial, stated to the court that Dogan had known his wife had been “incapacitated” and he communicated to men by phone: “I seek someone to violate my wife after I’ve sedated her without her knowledge.”

The proceedings became a central issue for a broader debate on rape culture in society as the defendant continued to say he was blameless and had not engaged in violation, arguing that because the victim's husband had invited him into the room, his actions had been acceptable.

The jury in the Nîmes appeals court was displayed video evidence of Gisèle Pelicot’s limp body, comatose and snoring in a deep sleep, while a smiling the perpetrator engaged in violation repeatedly over a period of what investigators stated was three and a half hours. The presiding judge said she had been at danger of fatal outcome by choking. The prosecution said there was no doubt that she had been unconscious and had not given permission.

Defendant's Statements

The defendant told the court the videos were simply “sexual encounters” and denied it was assault. He said what he did was “a consensual activity”, not rape. He told the court: “I never raped.” He said the victim's husband had allowed him to the residence, and therefore it was acceptable. He said he was influenced by the husband. “I wanted to stop,” Dogan told the court. “I proceeded because he convinced me.”

Inquired if he wanted to make a closing remarks to the court, the defendant said: “I had no desire to hurt that lady.”

Survivor's Statement

The survivor, who was cheered upon exiting the courtroom each day by onlookers gathered to stand with her, told Dogan in court: “You haven’t understood. When will you acknowledge you raped me? It’s a crime to rape an unconscious woman. How could I have give you agreement? Never.”

Gisèle Pelicot, 72, became an global icon after she gave up her right to confidentiality in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

The prosecutor, addressing Gisèle Pelicot in court, said Dogan’s refusal to take accountability showed that: “Shame has not yet changed sides. The community is possibly in the process of that, perhaps motivated by the collective awareness spurred by the publication of your situation.”

The prosecutor said Dogan’s claims of blamelessness showed how rape culture was still common in society as part of “outdated” forms of “male domination”. He said: “Now we must change rape culture to a ethos of permission.”

The prosecutor said to Dogan: “While you refuse to admit it, it’s not just a individual, it’s an entire sordid societal structure that you are endorsing.”

Biographical Details

Dogan was originated from the country of Turkey and at the age of five relocated to the nation of France, where his father worked as a caretaker. The testimony revealed that his parent was aggressive and that the defendant began using drugs at the age of ten. When he was 17 he was stopped by police for drug trafficking and his parent forced him to leave of home. He spent time in prison for trafficking in his twenties and had worked as a builder but had undergone periods of homelessness.

He was married and had a child with Down’s syndrome, who he was the primary guardian for, as his wife worked in a educational cafeteria. The evidence showed his spouse did not know he had repeated sexual encounters beyond their marriage. His defence said this was his method of dealing with his difficult circumstances. The defendant had informed a mental health expert that each year he engaged in transactional encounters on his special day. His lawyers told the court he had a medical condition resulting from the pressure of the first trial.