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A defendant was convicted on higher court review of sexually assaulting Gisèle Pelicot after she was rendered comatose by her then-husband – and has had his prison sentence raised to ten years.

Higher Court Case

Husamettin Dogan, 44, an unemployed builder, who had appealed his initial guilty verdict last year, experienced a new trial this week at the Nîmes court of appeal.

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

The testimony revealed that the accused, a family man, made contact with Gisèle Pelicot’s then husband, Dominique Pelicot, in an online chatroom titled “unbeknownst to her”, where Pelicot was seeking men to enter his residence to assault his wife once he had rendered her unconscious into a unconscious state.

We trust the panel will affirm that in this society, human rights are also women’s rights – that permission is personal, not delegated,” declared the victim's attorney, her legal representative. “Permission is obtained directly and not by proxy from a husband.”

Context

The husband, a notorious sex offenders in modern French history, was sentenced to 20 years in prison last year for drugging his spouse and inviting numerous individuals to rape her in her home in the Provence village of the village of Mazan over a period of many years of their union.

Dozens of additional defendants 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 sentenced to nine years in prison, a punishment enhanced on Thursday to ten years.

The state's attorney, the prosecutor, had stated he should serve 12 years, because he “absolutely refuses to take any responsibility”.

Courtroom Details

The defendant had initially sent Dominique Pelicot sexually explicit photos and then driven an hour from his residence in Provence to rape the victim, after informing his wife he was stepping out, the court heard.

Pelicot, who was brought from segregation in prison to temporarily testify at the retrial, told the court that Dogan had been aware his wife had been “drugged” and he said to men by phone: “I want someone to abuse my wife after I’ve sedated her without her consent.”

The trial became a central issue for a larger conversation on societal attitudes in society as Dogan continued to claim he was blameless and had not perpetrated assault, contending that because Gisèle Pelicot’s husband had invited him into the bedroom, his behavior had been permissible.

The panel in the Nîmes appeals court was presented with video evidence of the victim's unresponsive form, sedated and snoring in a deep sleep, while a smiling Dogan performed assault repeatedly over a duration of what investigators stated was three and a half hours. The court official said she had been at risk of death by choking. The state prosecution said there was no question that she had been unconscious and had not given permission.

Accused's Testimony

The defendant informed the court the footage were simply “sex scenes” and disputed it was rape. He said what he did was “an intimate behavior”, not assault. He declared the court: “I am innocent of assault.” He said the victim's husband had allowed him to the home, and therefore it was permissible. He said he was influenced by Dominique Pelicot. “I attempted to cease,” Dogan informed the court. “I continued because he reassured me.”

Inquired if he wanted to make a last words to the court, the defendant said: “I had no desire to injure that woman.”

Pelicot's Words

The survivor, who was cheered upon leaving court each day by supporters assembled to support her, told Dogan in court: “You fail to comprehend. When will you admit you raped me? It is illegal to assault an unaware woman. At what point did I give you consent? Not once.”

Gisèle Pelicot, 72, became an symbol of resistance after she relinquished her right to anonymity in the trial last year when she said: “The shame should shift.”

State's Argument

The prosecutor, turning to Gisèle Pelicot in court, said Dogan’s refusal to take blame showed that: “The shame remains. Society is maybe in the midst of that, perhaps motivated by the societal understanding resulting from the revelation of your situation.”

The prosecutor said the defendant's claims of innocence showed how normalized violence was still common in society as part of “old-fashioned” forms of “male domination”. He said: “It is imperative to change rape culture to a ethos of permission.”

The prosecutor said to the defendant: “While you deny it, it’s not just a individual, it’s an complete sordid social system that you are supporting.”

Biographical Details

The accused was originated from the country of Turkey and at the age of five relocated to the nation of France, where his father worked as a caretaker. The testimony revealed that his father was violent and that the defendant began consuming marijuana at the age of ten. When he was 17 he was apprehended by authorities for selling narcotics and his father kicked him out the residence. He was incarcerated in prison for drug dealing in his twenties and had worked as a builder but had undergone periods of homelessness.

He was wed and had a child with a genetic condition, who he was the main caregiver for, as his wife worked in a educational cafeteria. The court heard his spouse did not know he had regular extramarital activities outside their marriage. His legal team said this was his strategy for managing with his stressful life. The defendant had told a court psychologist that once a year he engaged in paid sex on his special day. His lawyers told the court he had a medical condition resulting from the pressure of the first trial.