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An individual was convicted on appeal of sexually assaulting Gisèle Pelicot following she was rendered comatose by her husband – and was given his jail term raised to a decade.

Retrial Proceedings

Husamettin Dogan, 44, an unemployed builder, who had challenged his first conviction last year, underwent a appeal hearing this week at the appeals court in Nîmes.

A jury of nine jurors, accompanied by three judges, convicted Dogan on Thursday of raping Pelicot in her residence in southern France in the early hours of June 29, 2019.

The testimony revealed that the accused, a family man, made contact with Gisèle Pelicot’s then husband, the husband, in an digital platform named “without her knowledge”, where Pelicot was seeking men to visit his house to assault his wife after he had drugged her into a unconscious state.

We trust the panel will say loud and clear that in this society, fundamental rights are also rights of women – that permission is individual, not transferred,” said the victim's attorney, her legal representative. “Agreement is secured directly and not through someone else from a husband.”

Case History

The ex-husband, among the most severe sexual predators in modern French history, was handed a sentence to twenty years in prison last year for incapacitating his wife at the time and inviting multiple perpetrators to rape her in her home in the community of the village of Mazan over a span of almost a decade of their marriage.

Dozens of additional defendants were found convicted in a widely publicized trial last year, and Dogan was the sole individual to appeal against his verdict. He was originally given a sentence to nine years in prison, a sentence enhanced on Thursday to ten years.

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

Courtroom Details

The defendant had initially sent Dominique Pelicot sexually explicit photos and then traveled an hour from his residence in the region to rape the victim, after notifying his wife he was leaving, the testimony revealed.

Pelicot, who was transported from solitary confinement in prison to briefly give evidence at the appeal trial, informed the court that Dogan had been aware his wife had been “incapacitated” and he told to men by phone: “I’m looking for someone to assault my wife after I’ve rendered her unconscious without her knowledge.”

The courtroom became a key topic for a larger conversation on sexual violence norms in society as the defendant continued to say he was blameless and had not committed rape, contending that because the victim's husband had allowed him into the bedroom, his behavior had been acceptable.

The jury in the higher court was displayed video evidence of Gisèle Pelicot’s limp body, sedated and snoring in a unconscious condition, while a grinning Dogan engaged in violation repeatedly over a timeframe of what authorities reported was several hours. The court official said she had been at risk of fatal outcome by asphyxiation. The prosecution said there was absolute certainty that she had been incapacitated and had not consented.

Accused's Testimony

Dogan told the court the recordings were simply “intimate moments” and disputed it was assault. He said what he did was “a sexual act”, not assault. He declared the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had invited him to the residence, and therefore it was permissible. He said he was deceived by the husband. “I wanted to stop,” the accused told the court. “I carried on because he persuaded me.”

Questioned if he wanted to make a last words to the court, Dogan said: “I did not intend to injure that individual.”

Pelicot's Words

The survivor, who was supported upon exiting the courtroom each day by crowds assembled to stand with her, told the defendant in court: “You fail to comprehend. When will you admit you violated me? It’s a crime to assault an incapacitated woman. At what point did I give you permission? At no time.”

Gisèle Pelicot, 72, became an global icon after she relinquished her right to anonymity in the trial last year when she said: “Shame must change sides.”

State's Argument

Sie, turning to Gisèle Pelicot in court, said Dogan’s refusal to take responsibility showed that: “The shame remains. Society is possibly in the course of that, maybe motivated by the collective awareness spurred by the revelation of your case.”

Sie said the defendant's claims of blamelessness showed how societal tolerance was still widespread in society as part of “outdated” forms of “gender-based power”. He said: “Now we must change the culture of violence to a society based on agreement.”

The prosecutor said to Dogan: “For as much as you refuse to admit it, it’s not just a person, it’s an entire sordid societal structure that you are endorsing.”

Biographical Details

Dogan was originated from the country of Turkey and at the age of five relocated to France, where his father worked as a caretaker. The testimony revealed that his father was aggressive and that the defendant began using drugs at the age of ten. When he was 17 he was caught by authorities for selling narcotics and his parent forced him to leave of home. He spent time in prison for drug dealing in his twenties and had worked as a laborer but had experienced periods of living on the streets.

He was married and had a son with a genetic condition, who he was the primary guardian for, as his wife worked in a school canteen. The court heard his spouse did not know he had repeated sexual encounters outside their marriage. His legal team said this was his strategy for managing with his challenging existence. Dogan had informed a evaluator that each year he sought transactional encounters on his special day. His attorneys stated to the court he had arthritis resulting from the anxiety of the first trial.