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A defendant has been found guilty on appeal of sexually assaulting Gisele Pelicot following she was rendered comatose by her then-husband – and was given his jail term raised to 10 years.

Higher Court Case

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

A jury of five men and four women, joined by three judges, found Dogan guilty on Thursday of raping the victim in her home in southern France in the morning of 29 June 2019.

The testimony revealed that Dogan, a family man, connected with the victim's then husband, the husband, in an internet forum named “without her knowledge”, where the husband was seeking men to come to his home to assault his wife once he had drugged her into a unconscious state.

“We hope the court will declare that in this country, human rights are also rights of women – that consent is individual, not given by another,” declared the victim's lawyer, her legal representative. “Agreement is secured directly and not by proxy from a spouse.”

Case History

The husband, a notorious sexual predators in recent French history, was given a prison term to twenty years in prison last year for sedating his wife at the time and inviting numerous individuals to sexually assault her in her home in the Provence village of Mazan over a period of almost a decade of their marriage.

Numerous other individuals were found convicted in a high-profile trial last year, and Dogan was the sole individual to appeal against his verdict. He was initially handed a term to nine years in prison, a sentence increased on Thursday to ten years.

The chief prosecutor, the prosecutor, had argued he should serve 12 years, because he “completely denies to take any blame”.

Evidence Presented

Dogan had initially sent Dominique Pelicot inappropriate pictures and then driven an hour from his village in the region to rape Gisèle Pelicot, after notifying his wife he was going out, the evidence indicated.

Pelicot, who was brought from segregation in prison to briefly give evidence at the appeal trial, stated to the court that the accused had been aware his wife had been “incapacitated” and he said to men by phone: “I want someone to assault my wife after I’ve put her to sleep unbeknownst to her.”

The proceedings became a key topic for a wider discussion on sexual violence norms in society as the defendant continued to say he was innocent and had not committed rape, contending that because Gisèle Pelicot’s husband had invited him into the residence, his actions had been justifiable.

The panel in the higher court was presented with recorded footage of Gisèle Pelicot’s limp body, comatose and breathing heavily in a unconscious condition, while a smiling Dogan committed rape on several occasions over a duration of what authorities reported was several hours. The presiding judge said she had been at danger of fatal outcome by choking. The prosecution said there was no question that she had been unconscious and had not agreed.

Defendant's Statements

Dogan informed the court the footage were simply “sex scenes” and rejected it was violation. He said what he did was “a consensual activity”, not assault. He told the court: “I did not commit rape.” He said the victim's husband had brought him to the residence, and therefore it was OK. He said he was manipulated by Dominique Pelicot. “I wanted to stop,” the accused informed the court. “I carried on because he reassured me.”

Questioned if he wanted to make a last words to the court, the defendant said: “I did not intend to harm that lady.”

Pelicot's Words

Gisèle Pelicot, who was applauded upon exiting the courtroom each day by supporters assembled to support her, told the defendant in court: “You do not grasp. When are you going to recognise you assaulted me? It is illegal to assault an incapacitated woman. How could I have give you consent? At no time.”

The victim, seventy-two, became an symbol of resistance after she waived her right to confidentiality in the trial last year when she said: “Shame must change sides.”

Legal Commentary

The prosecutor, addressing Gisèle Pelicot in court, said the defendant's refusal to take responsibility showed that: “The shame remains. The public is maybe in the midst of that, possibly driven by the societal understanding spurred by the publication of your ordeal.”

The prosecutor said the defendant's claims of innocence showed how societal tolerance was still prevalent in society as part of “old-fashioned” forms of “gender-based power”. He said: “It is imperative to change rape culture to a society based on agreement.”

Sie told Dogan: “As long as you deny it, it’s not just a individual, it’s an entire sordid cultural framework that you are supporting.”

Personal History

Dogan was born in the country of Turkey and at the age of 5 relocated to the nation of France, where his father worked as a caretaker. The evidence indicated that his parent was abusive and that Dogan began smoking cannabis aged 10. When Dogan was seventeen he was apprehended by police for drug trafficking and his father forced him to leave the family house. He served time in prison for drug dealing in his early 20s and had worked as a construction worker but had faced periods of homelessness.

He was married and had a son with a genetic condition, who he was the principal carer for, as his wife worked in a educational cafeteria. The evidence showed his wife did not know he had repeated extramarital activities outside their union. His defence said this was his strategy for managing with his challenging existence. The defendant had informed a court psychologist that each year he looked for paid sex on his special day. His legal representatives told the court he had arthritis resulting from the stress of the original case.