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A man was declared guilty on higher court review of sexually assaulting Gisele Pelicot after she was sedated by her spouse – and has had his jail term increased to ten years.

Higher Court Case

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

A panel of five men and four women, accompanied by three judges, convicted Dogan on Thursday of raping Pelicot in her bedroom in southern France in the morning of June 29, 2019.

The testimony revealed that Dogan, a family man, made contact with the victim's husband at the time, Dominique Pelicot, in an internet forum titled “without her consent”, where Pelicot was seeking men to come to his home to assault his wife once he had sedated her into a comatose state.

“We hope the jury will affirm that in this nation, human rights are also women’s rights – that consent is individual, not delegated,” said the victim's lawyer, Antoine Camus. “Permission is obtained personally and not through someone else from a spouse.”

Case History

The ex-husband, among the most severe sex offenders in France's contemporary records, was sentenced to two decades in prison last year for incapacitating his then wife and inviting multiple perpetrators to rape her in her home in the community of the village of Mazan over a duration of many years of their union.

Fifty other men were found convicted in a notable trial last year, and Dogan was the single defendant to appeal against his sentence. He was originally sentenced to 9 years in prison, a sentence enhanced on Thursday to a decade.

The lead state prosecutor, the prosecutor, had argued he should serve twelve years, because he “completely denies to take any accountability”.

Evidence Presented

The defendant had first sent Dominique Pelicot sexually explicit photos and then traveled an hour from his residence in Provence to rape Gisèle Pelicot, after informing his wife he was going out, the evidence indicated.

Pelicot, who was brought from segregation in prison to temporarily testify at the appeal trial, told the court that Dogan had understood his wife had been “incapacitated” and he told to men by phone: “I seek someone to abuse my wife after I’ve rendered her unconscious without her knowledge.”

The courtroom became a focus point for a broader debate on sexual violence norms in society as Dogan continued to claim he was not guilty and had not committed rape, stating that because Gisèle Pelicot’s husband had allowed him into the residence, his conduct had been justifiable.

The panel in the higher court was shown visual proof of the victim's unresponsive form, sedated and snoring in a comatose state, while a smiling Dogan committed rape repeatedly over a duration of what investigators stated was 3.5 hours. The court official said she had been at risk of death by asphyxiation. The state prosecution said there was no doubt that she had been unconscious and had not given permission.

Accused's Testimony

The defendant told the court the recordings were simply “intimate moments” and rejected it was assault. He said what he did was “a sexual act”, not assault. He stated the court: “I am innocent of assault.” He said the victim's husband had allowed him to the residence, and therefore it was acceptable. He said he was deceived by Dominique Pelicot. “I tried to halt,” the accused informed the court. “I proceeded because he reassured me.”

Questioned if he wanted to make a last words to the court, the defendant said: “I never wanted to harm that individual.”

Victim's Response

Gisèle Pelicot, who was applauded upon departing the trial each day by supporters gathered to stand with her, told Dogan in court: “You haven’t understood. When are you going to recognise you raped me? It is unlawful to rape an incapacitated woman. At what point did I give you consent? Never.”

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

State's Argument

Sie, speaking to Gisèle Pelicot in court, said Dogan’s refusal to take responsibility showed that: “The shame remains. The community is possibly in the process of that, perhaps driven by the public consciousness spurred by the revelation of your case.”

Sie said the defendant's claims of blamelessness showed how normalized violence was still widespread in society as part of “archaic” forms of “gender-based power”. He said: “It is imperative to change the culture of violence to a culture of consent.”

The prosecutor told Dogan: “While you reject it, it’s not just a woman, it’s an entire sordid cultural framework that you are endorsing.”

Defendant's Background

Dogan was born in Turkey and at the age of five moved to France, where his parent worked as a concierge. The court heard that his parent was violent and that the defendant began smoking cannabis at the age of 10. When Dogan was seventeen he was caught by authorities for selling narcotics and his father forced him to leave the residence. He served time in prison for drug dealing in his early 20s and had worked as a builder but had faced periods of being unhoused.

He was wed and had a child with a genetic condition, who he was the main caregiver for, as his wife worked in a school canteen. The testimony revealed his wife did not know he had repeated extramarital activities beyond their marriage. His legal team said this was his method of dealing with his stressful life. Dogan had told a mental health expert that annually he engaged in commercial sex on his special day. His attorneys informed the court he had a medical condition resulting from the anxiety of the original case.