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A man was declared guilty on appeal of sexually assaulting Gisele Pelicot after she was rendered comatose by her husband – and has had his incarceration period extended to 10 years.

Higher Court Case

Husamettin Dogan, 44, an out-of-work construction worker, who had contested his first conviction last year, underwent a appeal hearing this week at the Nîmes court of appeal.

A jury of five men and four women, joined by three judges, ruled against Dogan on Thursday of raping Pelicot in her bedroom in the south of France in the morning of 29 June 2019.

The testimony revealed that the accused, a family man, reached out to Gisèle Pelicot’s husband at the time, the husband, in an digital platform titled “without her knowledge”, where the husband was looking for men to visit his house to assault his wife after he had drugged her into a deep sleep.

“We hope the jury will say loud and clear that in this country, human rights are also rights of women – that agreement is personal, not delegated,” declared the victim's attorney, Antoine Camus. “Agreement is obtained directly and not through someone else from a husband.”

Background

Dominique Pelicot, a notorious sexual predators in recent French history, was handed a sentence to twenty years in prison last year for drugging his spouse and bringing in multiple perpetrators to sexually assault her in her home in the community of the village of Mazan over a period of many years of their union.

Numerous other individuals were found culpable in a notable trial last year, and Dogan was the single defendant to contest his sentence. He was initially sentenced to 9 years in prison, a punishment enhanced on Thursday to a decade.

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

Testimony and Proof

Dogan had first sent the husband graphic images and then driven an hour from his town in Provence to assault Gisèle Pelicot, after telling his wife he was leaving, the court heard.

Pelicot, who was transported from isolation in prison to temporarily give evidence at the appeal trial, informed the court that Dogan had been aware his wife had been “sedated” and he said to men by phone: “I’m looking for someone to abuse my wife after I’ve sedated her unbeknownst to her.”

The courtroom became a focus point for a larger conversation on rape culture in society as the defendant continued to say he was blameless and had not engaged in violation, arguing that because Gisèle Pelicot’s husband had welcomed him into the residence, his behavior had been acceptable.

The panel in the Nîmes appeals court was presented with visual proof of Gisèle Pelicot’s unconscious figure, unconscious and snoring in a comatose state, while a smiling Dogan performed assault multiple times over a timeframe of what police said was three and a half hours. The court official said she had been at risk of death by suffocation. The state prosecution said there was absolute certainty that she had been unconscious and had not given permission.

Dogan's Claims

Dogan informed the court the recordings were simply “intimate moments” and rejected it was violation. He said what he did was “a sexual act”, not assault. He stated 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,” Dogan informed the court. “I proceeded because he persuaded me.”

Asked if he wanted to make a final statement to the court, Dogan said: “I did not intend to hurt that woman.”

Pelicot's Words

Gisèle Pelicot, who was cheered upon leaving court each day by supporters gathered to back her, addressed the defendant in court: “You haven’t understood. When are you going to recognise you assaulted me? It is illegal to assault an unaware woman. When did I ever give you agreement? Not once.”

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

Prosecutor's Remarks

Sie, speaking to Gisèle Pelicot in court, said the defendant's unwillingness to take responsibility showed that: “The shame remains. The community is possibly in the course of that, maybe driven by the public consciousness spurred by the revelation of your ordeal.”

The prosecutor said the defendant's claims of non-guilt showed how societal tolerance was still common in society as part of “archaic” forms of “male domination”. He said: “It is imperative to change the culture of violence to a culture of consent.”

Sie addressed Dogan: “As long as you deny it, it’s not just a individual, it’s an complete unpleasant social system that you are supporting.”

Personal History

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 seventeen he was stopped by police for drug trafficking and his parent evicted him the residence. He was incarcerated in prison for trafficking in his twenties and had worked as a laborer but had faced periods of living on the streets.

He was married and had a child with a genetic condition, who he was the principal carer for, as his spouse worked in a institution's dining hall. The court heard his wife did not know he had regular intimate relations beyond their union. His legal team said this was his strategy for managing with his stressful life. The defendant had told a court psychologist that annually he looked for paid sex on his special day. His legal representatives told the court he had arthritis resulting from the anxiety of the original case.