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An individual was convicted on appeal of sexually assaulting Gisele Pelicot after she was rendered comatose by her then-husband – and was given his jail term raised to ten years.

Appeal Trial

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

A jury of five men and four women, sitting with three judges, ruled against Dogan on Thursday of raping Pelicot in her residence in Provence in the morning of 29 June 2019.

The evidence showed that Dogan, a family man, reached out to the victim's husband at the time, Dominique Pelicot, in an digital platform titled “without her consent”, where the husband was seeking men to come to his home to assault his wife once he had rendered her unconscious into a unconscious state.

We trust the panel will affirm that in this country, fundamental rights are also rights of women – that permission is individual, not delegated,” declared Gisèle Pelicot’s lawyer, Antoine Camus. “Agreement is secured directly and not through someone else from a spouse.”

Case History

The husband, a notorious sex offenders in recent French history, was given a prison term to two decades in prison last year for sedating his wife at the time and soliciting numerous individuals to sexually assault her in her home in the community of the village of Mazan over a span of many years of their union.

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

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

Courtroom Details

Dogan had first sent Dominique Pelicot graphic images and then traveled an hour from his town in Provence to assault the victim, after notifying his wife he was leaving, the court heard.

Pelicot, who was transported from isolation in prison to temporarily testify at the hearing, told the court that Dogan had known his wife had been “sedated” and he told to men by phone: “I want someone to assault my wife after I’ve rendered her unconscious without her knowledge.”

The trial became a central issue for a wider discussion on sexual violence norms in society as Dogan continued to claim he was blameless and had not perpetrated assault, stating that because Gisèle Pelicot’s husband had invited him into the bedroom, his behavior had been justifiable.

The panel in the Nîmes appeals court was displayed video evidence of the victim's unresponsive form, unconscious and breathing heavily in a unconscious condition, while a grinning the perpetrator committed rape multiple times over a period of what authorities reported was several hours. The presiding judge said she had been at risk of death by suffocation. The prosecution said there was no question that she had been unaware and had not agreed.

Accused's Testimony

Dogan told the court the footage were simply “sexual encounters” and denied it was assault. He said what he did was “an intimate behavior”, not assault. He told the court: “I never raped.” He said Gisèle Pelicot’s husband had brought him to the home, and therefore it was OK. He said he was deceived by Dominique Pelicot. “I tried to halt,” the accused informed the court. “I carried on because he persuaded me.”

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

Victim's Response

The victim, who was applauded upon departing the trial each day by onlookers assembled to stand with her, said to Dogan in court: “You haven’t understood. When are you going to recognise you raped me? It is unlawful to assault an unaware woman. How could I have give you consent? At no time.”

Gisèle Pelicot, seventy-two, became an global icon after she gave up her right to privacy in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

Sie, addressing the victim in court, said Dogan’s unwillingness to take blame showed that: “The shame remains. Society is perhaps in the midst of that, maybe motivated by the public consciousness brought by the exposure of your ordeal.”

Sie said Dogan’s claims of non-guilt showed how rape culture was still widespread in society as part of “outdated” forms of “patriarchal control”. He said: “Now we must change the culture of violence to a culture of consent.”

The prosecutor told Dogan: “As long as you deny it, it’s not just a woman, it’s an whole disturbing cultural framework that you are upholding.”

Personal History

Dogan was originated from Turkey and at the age of five moved to France, where his parent worked as a building manager. The evidence indicated that his father was aggressive and that the defendant began smoking cannabis aged ten. When Dogan was 17 he was apprehended by police for drug trafficking and his father evicted him the family house. He served time in prison for narcotics offenses in his early 20s and had worked as a builder but had faced periods of homelessness.

He was wed and had a son with a genetic condition, who he was the primary guardian for, as his spouse worked in a educational cafeteria. The testimony revealed his wife did not know he had regular sexual encounters beyond their marriage. His legal team said this was his method of dealing with his challenging existence. Dogan had stated to a court psychologist that once a year he engaged in transactional encounters on his birthday. His attorneys stated to the court he had arthritis resulting from the pressure of the initial proceedings.