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A man was convicted on appeal of sexually assaulting Gisele Pelicot after she was rendered comatose by her then-husband – and received his incarceration period raised to 10 years.

Appeal Trial

Husamettin Dogan, 44, an unemployed builder, who had appealed his first conviction last year, faced a new trial this week at the appeals court in Nîmes.

A panel of nine jurors, sitting with three judges, convicted Dogan on Thursday of sexually assaulting the victim in her residence in Provence in the early hours of 29 June 2019.

The evidence showed that Dogan, a married father, connected with Gisèle Pelicot’s then husband, the husband, in an internet forum named “without her knowledge”, where the husband was recruiting men to come to his home to rape his wife once he had drugged her into a comatose state.

We trust the panel will affirm that in this society, human rights are also rights of women – that agreement is personal, not delegated,” declared Gisèle Pelicot’s attorney, Antoine Camus. “Consent is received personally and not through someone else from a husband.”

Case History

Dominique Pelicot, one of the worst sex offenders in recent French history, was sentenced to twenty years in prison last year for drugging his wife at the time and soliciting numerous individuals to sexually assault her in her home in the town of Mazan over a duration of almost a decade of their marriage.

Dozens of additional defendants were found guilty in a notable trial last year, and the appellant was the single defendant to appeal against his verdict. He was initially sentenced to nine years in prison, a sentence increased on Thursday to a decade.

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

Evidence Presented

Dogan had initially sent Dominique Pelicot inappropriate pictures and then traveled an hour from his village in Provence to assault the victim, after telling his wife he was going out, the evidence indicated.

The ex-husband, who was transported from isolation in prison to temporarily provide testimony at the appeal trial, informed the court that the accused had known his wife had been “incapacitated” and he told to men by phone: “I want someone to abuse my wife after I’ve put her to sleep unbeknownst to her.”

The courtroom became a central issue for a wider discussion on societal attitudes in society as Dogan continued to claim he was blameless and had not perpetrated assault, stating that because the victim's husband had invited him into the room, his conduct had been permissible.

The jury in the Nîmes appeals court was shown recorded footage of the victim's unresponsive form, unconscious and snoring in a unconscious condition, while a smiling the perpetrator performed assault multiple times over a period of what authorities reported was 3.5 hours. The presiding judge said she had been at danger of death by asphyxiation. The state prosecution said there was no doubt that she had been incapacitated and had not agreed.

Accused's Testimony

The defendant told the court the footage were simply “sex scenes” and disputed it was assault. He said what he did was “an intimate behavior”, not assault. He stated the court: “I never raped.” He said the victim's husband had invited him to the residence, and therefore it was OK. He said he was influenced by the husband. “I wanted to stop,” Dogan stated to the court. “I carried on because he persuaded me.”

Inquired if he wanted to make a closing remarks to the court, Dogan said: “I did not intend to harm that lady.”

Victim's Response

The victim, who was cheered upon leaving court each day by onlookers assembled to support her, told Dogan in court: “You fail to comprehend. When will you admit you violated me? It is unlawful to assault an unconscious woman. When did I ever give you agreement? Never.”

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

Prosecutor's Remarks

The prosecutor, turning to the victim in court, said Dogan’s failure to take blame showed that: “Shame has not yet changed sides. Society is possibly in the course of that, maybe propelled by the societal understanding spurred by the exposure of your situation.”

Sie said Dogan’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 rape culture to a ethos of permission.”

Sie told the defendant: “For as much as you deny it, it’s not just a woman, it’s an entire disturbing cultural framework that you are supporting.”

Defendant's Background

The accused was originated from Turkey and at the age of 5 relocated to France, where his parent worked as a caretaker. The testimony revealed that his parent was violent and that Dogan began consuming marijuana aged ten. When he was seventeen he was apprehended by authorities for drug trafficking and his parent evicted him the residence. He was incarcerated in prison for narcotics offenses in his young adulthood and had worked as a construction worker but had undergone periods of living on the streets.

He was wed and had a child with a genetic condition, who he was the principal carer for, as his wife worked in a school canteen. The evidence showed his spouse did not know he had repeated extramarital activities outside their marriage. His legal team said this was his method of dealing with his difficult circumstances. Dogan had told a mental health expert that each year he engaged in commercial sex on his special day. His legal representatives told the court he had a medical condition caused by the anxiety of the initial proceedings.