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An individual has been found guilty on higher court review of sexually assaulting Gisèle Pelicot following she was rendered comatose by her husband – and has had his jail term increased to 10 years.

Higher Court Case

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

A jury of nine jurors, joined by three judges, convicted Dogan on Thursday of sexually assaulting the victim in her home in Provence in the morning of 29 June 2019.

The testimony revealed that the accused, a married father, reached out to the victim's then husband, Dominique Pelicot, in an internet forum titled “without her consent”, where the husband was looking for men to enter his residence to rape his wife once he had sedated her into a unconscious state.

We expect the court will declare that in this society, fundamental rights are also rights of women – that consent is personal, not delegated,” declared Gisèle Pelicot’s attorney, her legal representative. “Consent is received personally and not by proxy from a husband.”

Case History

Dominique Pelicot, one of the worst sex offenders in France's contemporary records, was sentenced to 20 years in prison last year for drugging his spouse and soliciting multiple perpetrators to rape her in her home in the community of the village of Mazan over a span of nearly ten years of their marriage.

Dozens of additional defendants were found culpable in a high-profile trial last year, and the appellant was the only man to challenge his conviction. He was originally given a sentence to nine years in prison, a punishment enhanced on Thursday to ten years.

The lead state prosecutor, the prosecutor, had contended he should serve 12 years, because he “completely denies to take any blame”.

Testimony and Proof

Dogan had initially sent Dominique Pelicot inappropriate pictures and then traveled an hour from his residence in Provence to rape Gisèle Pelicot, after telling his wife he was going out, the testimony revealed.

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

The trial became a focus point for a wider discussion on sexual violence norms in society as Dogan continued to assert he was blameless and had not committed rape, arguing that because the victim's husband had allowed him into the residence, his conduct had been permissible.

The panel in the Nîmes appeals court was presented with recorded footage of Gisèle Pelicot’s limp body, sedated and snoring in a deep sleep, while a grinning the perpetrator performed assault multiple times over a period of what authorities reported was 3.5 hours. The judge said she had been at danger of fatal outcome by suffocation. The state prosecution said there was no doubt that she had been incapacitated and had not agreed.

Defendant's Statements

Dogan stated to the court the footage were simply “sex scenes” and rejected it was violation. He said what he did was “a sexual act”, not assault. He declared the court: “I did not commit rape.” He said the victim's husband had allowed him to the house, and therefore it was OK. He said he was deceived by the husband. “I tried to halt,” the accused stated to the court. “I carried on because he convinced me.”

Questioned if he wanted to make a closing remarks to the court, Dogan said: “I had no desire to hurt that individual.”

Pelicot's Words

Gisèle Pelicot, who was cheered upon leaving court each day by supporters assembled to back her, said to Dogan in court: “You haven’t understood. When are you going to recognise you violated me? It’s a crime to rape an unconscious woman. When did I ever give you consent? Never.”

The victim, seventy-two, became an symbol of resistance after she waived her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

Sie, speaking to the victim in court, said the defendant's unwillingness to take blame showed that: “Guilt has not shifted. The public is maybe in the process of that, possibly motivated by the public consciousness spurred by the revelation of your ordeal.”

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: “It is imperative to change rape culture to a culture of consent.”

The prosecutor told the defendant: “As long as you refuse to admit it, it’s not just a person, it’s an entire disturbing cultural framework that you are endorsing.”

Defendant's Background

The accused was originated from Turkey and at the age of five relocated to the nation of France, where his parent worked as a caretaker. The testimony revealed that his father was aggressive and that the defendant began using drugs at the age of 10. When he was seventeen he was stopped by authorities for selling narcotics and his father kicked him out of home. He was incarcerated in prison for drug dealing in his twenties and had worked as a builder but had faced periods of homelessness.

He was wed and had a child with a genetic condition, who he was the main caregiver for, as his spouse worked in a educational cafeteria. The testimony revealed his spouse did not know he had frequent intimate relations beyond their union. His defence said this was his strategy for managing with his difficult circumstances. The defendant had stated to a evaluator that annually he sought paid sex on his special day. His attorneys told the court he had joint inflammation caused by the stress of the first trial.