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An individual was convicted on higher court review of sexually assaulting Gisele Pelicot following she was sedated by her then-husband – and has had his jail term raised to a decade.

Higher Court Case

Husamettin Dogan, forty-four, an out-of-work construction worker, who had appealed his initial guilty verdict last year, underwent a new trial this week at the appeals court in Nîmes.

A panel of nine jurors, joined by three judges, found Dogan guilty on Thursday of raping Pelicot in her bedroom in southern France in the morning of June 29, 2019.

The testimony revealed that the accused, a family man, made contact with Gisèle Pelicot’s spouse, Dominique Pelicot, in an internet forum called “without her consent”, where Pelicot was looking for men to enter his residence to rape his wife after he had sedated her into a comatose state.

“We hope the jury will declare that in this country, fundamental rights are also rights of women – that consent is personal, not delegated,” declared Gisèle Pelicot’s lawyer, Antoine Camus. “Consent is obtained directly and not via a representative from a husband.”

Case History

Dominique Pelicot, one of the worst sexual predators in France's contemporary records, was handed a sentence to 20 years in prison last year for incapacitating his spouse and bringing in multiple perpetrators to sexually assault her in her home in the Provence village of Mazan over a span of almost a decade of their marriage.

Numerous other individuals were found convicted in a widely publicized trial last year, and the appellant was the single defendant to appeal against his conviction. He was first given a sentence to nine years in prison, a sentence increased on Thursday to 10 years.

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

Courtroom Details

Dogan had initially sent Dominique Pelicot graphic images and then traveled an hour from his village in the region to rape the victim, after notifying his wife he was going out, the court heard.

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 “drugged” and he said to men by phone: “I want someone to abuse my wife after I’ve put her to sleep unbeknownst to her.”

The trial became a focus point for a larger conversation on societal attitudes in society as the defendant continued to assert he was blameless and had not engaged in violation, contending that because the victim's husband had welcomed him into the bedroom, his behavior had been permissible.

The jury in the higher court was displayed recorded footage of Gisèle Pelicot’s unconscious figure, comatose and breathing heavily in a deep sleep, while a grinning the perpetrator performed assault multiple times over a duration of what police said was three and a half hours. The court official said she had been at peril of death by suffocation. The state prosecution said there was absolute certainty that she had been unconscious and had not given permission.

Defendant's Statements

The defendant informed the court the footage were simply “sex scenes” and rejected it was rape. He said what he did was “a sexual act”, not assault. He told the court: “I never raped.” He said Gisèle Pelicot’s husband had allowed him to the home, and therefore it was OK. He said he was deceived by Dominique Pelicot. “I wanted to stop,” the accused stated to the court. “I continued because he persuaded me.”

Inquired if he wanted to make a final statement to the court, the defendant said: “I had no desire to hurt that lady.”

Pelicot's Words

Gisèle Pelicot, who was applauded upon departing the trial each day by supporters 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 assault an unaware woman. How could I have give you consent? At no time.”

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

Prosecutor's Remarks

The prosecutor, addressing Gisèle Pelicot in court, said the defendant's unwillingness to take blame showed that: “Shame has not yet changed sides. Society is perhaps in the process of that, perhaps propelled by the collective awareness spurred by the publication of your case.”

The prosecutor said Dogan’s claims of non-guilt showed how societal tolerance was still widespread in society as part of “outdated” forms of “patriarchal control”. He said: “We need to change the culture of violence to a culture of consent.”

The prosecutor addressed the defendant: “While you refuse to admit it, it’s not just a woman, it’s an complete unpleasant social system that you are supporting.”

Defendant's Background

Dogan was originated from the country of Turkey and at the age of five moved to France, where his parent worked as a building manager. The testimony revealed that his father was abusive and that Dogan began consuming marijuana at the age of 10. When Dogan was seventeen he was stopped by police for dealing drugs and his father forced him to leave of home. He served time in prison for drug dealing in his twenties and had worked as a laborer but had faced periods of homelessness.

He was married and had a child with Down’s syndrome, who he was the primary guardian for, as his wife worked in a institution's dining hall. The court heard his spouse did not know he had regular sexual encounters outside their union. His defence said this was his strategy for managing with his challenging existence. Dogan had stated to a court psychologist that each year he sought transactional encounters on his special day. His legal representatives told the court he had joint inflammation resulting from the stress of the initial proceedings.