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An individual was declared guilty on appeal of sexually assaulting Gisele Pelicot after she was rendered comatose by her spouse – and was given his jail term extended to a decade.

Appeal Trial

Husamettin Dogan, forty-four, an out-of-work construction worker, who had challenged his first conviction last year, faced a retrial this week at the Nîmes court of appeal.

A jury of four women and five men, accompanied by three judges, convicted Dogan on Thursday of sexually assaulting Pelicot in her residence in Provence in the early hours of June 29, 2019.

The court heard that Dogan, a married father, made contact with the victim's then husband, the husband, in an digital platform called “without her knowledge”, where the husband was recruiting men to enter his residence to rape his wife after he had rendered her unconscious into a comatose state.

“We hope the court will affirm that in this society, human rights are also rights of women – that agreement is individual, not transferred,” stated the victim's lawyer, her legal representative. “Consent is received directly and not by proxy from a husband.”

Case History

The ex-husband, one of the worst sex offenders in recent French history, was given a prison term to 20 years in prison last year for incapacitating his then wife and bringing in numerous individuals to rape her in her home in the town of the village of Mazan over a duration of almost a decade of their union.

Numerous other individuals were found guilty in a widely publicized trial last year, and Dogan was the sole individual to challenge his conviction. He was initially sentenced to nine years in prison, a sentence increased on Thursday to ten years.

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

Testimony and Proof

Dogan had initially sent the husband inappropriate pictures and then driven an hour from his village in the region to assault the victim, after informing his wife he was leaving, the testimony revealed.

Pelicot, who was transported from solitary confinement in prison to temporarily provide testimony at the appeal trial, stated to the court that the accused had known his wife had been “drugged” and he told to men by phone: “I want someone to abuse my wife after I’ve put her to sleep without her consent.”

The courtroom became a key topic for a wider discussion on rape culture in society as the defendant continued to assert he was not guilty and had not perpetrated assault, contending that because the victim's husband had allowed him into the residence, his actions had been justifiable.

The panel in the Nîmes appeals court was presented with visual proof of Gisèle Pelicot’s unresponsive form, sedated and snoring in a deep sleep, while a smiling the perpetrator engaged in violation repeatedly over a duration of what police said was 3.5 hours. The judge said she had been at danger of death by suffocation. The state prosecution said there was no question that she had been incapacitated and had not consented.

Defendant's Statements

The defendant told the court the recordings were simply “sex scenes” and rejected it was violation. He said what he did was “a sexual act”, not assault. He told the court: “I did not commit rape.” He said the victim's husband had allowed him to the home, and therefore it was OK. He said he was manipulated by Dominique Pelicot. “I attempted to cease,” Dogan informed the court. “I continued because he persuaded me.”

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

Pelicot's Words

The victim, who was supported upon departing the trial each day by crowds present to stand with her, addressed Dogan in court: “You fail to comprehend. When are you going to recognise you raped me? It is illegal to assault an unconscious woman. When did I ever give you agreement? Never.”

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

Prosecutor's Remarks

The prosecutor, speaking to Gisèle Pelicot in court, said the defendant's unwillingness to take accountability showed that: “Guilt has not shifted. The community is maybe in the process of that, maybe driven by the societal understanding spurred by the exposure of your situation.”

Sie said the defendant's claims of innocence showed how normalized violence was still prevalent in society as part of “old-fashioned” forms of “male domination”. He said: “Now we must change rape culture to a society based on agreement.”

Sie addressed Dogan: “For as much as you reject it, it’s not just a individual, it’s an whole sordid cultural framework that you are endorsing.”

Personal History

Dogan was originated from Turkey and at the age of 5 came to the nation of France, where his father worked as a concierge. The evidence indicated that his parent was aggressive and that Dogan began using drugs at the age of ten. When Dogan was seventeen he was apprehended by police for drug trafficking and his parent kicked him out the residence. He spent time in prison for trafficking in his young adulthood and had worked as a construction worker but had faced periods of homelessness.

He was married and had a child with special needs, who he was the primary guardian for, as his wife worked in a educational cafeteria. The evidence showed his spouse did not know he had frequent extramarital activities beyond their marriage. His legal team said this was his strategy for managing with his challenging existence. The defendant had told a mental health expert that each year he engaged in commercial sex on his special day. His attorneys told the court he had a medical condition triggered by the pressure of the first trial.