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A defendant was convicted on higher court review of sexually assaulting Gisele Pelicot following she was sedated by her husband – and was given his jail term increased to 10 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 higher court in Nîmes.

A jury of nine jurors, joined by three judges, convicted Dogan on Thursday of sexually assaulting the victim in her home in the south of France in the early hours of June 29, 2019.

The evidence showed that the accused, a married father, made contact with the victim's spouse, the husband, in an digital platform named “without her knowledge”, where the husband was looking for men to visit his house to assault his wife after he had sedated her into a comatose state.

We expect the jury will affirm that in this society, human rights are also rights of women – that agreement is personal, not delegated,” said Gisèle Pelicot’s attorney, her legal representative. “Consent is secured personally and not via a representative from a husband.”

Case History

Dominique Pelicot, among the most severe sex offenders in France's contemporary records, was sentenced to 20 years in prison last year for incapacitating his wife at the time and soliciting numerous individuals to rape 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 culpable in a notable trial last year, and Dogan was the single defendant to contest his conviction. He was originally sentenced to nine years in prison, a punishment increased on Thursday to ten years.

The chief prosecutor, the prosecutor, had stated he should serve twelve years, because he “absolutely refuses to take any accountability”.

Evidence Presented

Dogan had first sent the husband sexually explicit photos and then traveled an hour from his town in Provence to rape Gisèle Pelicot, after telling his wife he was going out, the court heard.

Pelicot, who was brought from solitary confinement in prison to temporarily give evidence at the hearing, stated to the court that Dogan had understood 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 trial became a focus point for a broader debate on sexual violence norms in society as the defendant continued to claim he was not guilty and had not committed rape, contending that because the victim's husband had invited him into the room, his actions had been justifiable.

The jury in the higher court was displayed recorded footage of the victim's unconscious figure, comatose and snoring in a deep sleep, while a smiling the perpetrator committed rape repeatedly over a period of what authorities reported was 3.5 hours. The court official said she had been at peril of fatal outcome by suffocation. The state's case said there was no doubt that she had been incapacitated and had not consented.

Dogan's Claims

The defendant informed the court the videos were simply “sex scenes” and denied it was assault. He said what he did was “a consensual activity”, 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 permissible. He said he was manipulated by the husband. “I attempted to cease,” the accused stated to the court. “I proceeded because he reassured me.”

Asked if he wanted to make a closing remarks to the court, the defendant said: “I never wanted to injure that individual.”

Survivor's Statement

The victim, who was cheered upon departing the trial each day by onlookers present 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 unaware 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: “Guilt ought to transfer.”

Legal Commentary

Sie, addressing Gisèle Pelicot in court, said the defendant's failure to take responsibility showed that: “Shame has not yet changed sides. The community is maybe in the course of that, possibly propelled by the societal understanding spurred by the publication of your ordeal.”

Sie said the defendant's claims of non-guilt showed how normalized violence was still widespread in society as part of “old-fashioned” forms of “patriarchal control”. He said: “Now we must change the culture of violence to a culture of consent.”

Sie said to the defendant: “For as much as you refuse to admit it, it’s not just a person, it’s an entire disturbing cultural framework that you are endorsing.”

Defendant's Background

Dogan was originated from Turkey and at the age of 5 moved to France, where his parent worked as a concierge. The testimony revealed that his father was abusive and that Dogan began smoking cannabis at the age of ten. When he was 17 he was stopped by authorities for drug trafficking and his father kicked him out of home. He served time in prison for trafficking in his early 20s and had worked as a builder but had experienced periods of living on the streets.

He was married and had a child with a genetic condition, who he was the primary guardian for, as his wife worked in a institution's dining hall. The court heard his wife did not know he had regular extramarital activities beyond their marriage. His legal team said this was his way of coping with his stressful life. Dogan had stated to a evaluator that once a year he engaged in paid sex on his birthday. His lawyers informed the court he had joint inflammation resulting from the anxiety of the original case.