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A man has been found guilty on appeal of sexually assaulting Gisèle Pelicot following she was rendered comatose by her husband – and was given his prison sentence increased to ten years.

Appeal Trial

Husamettin Dogan, 44, an out-of-work construction worker, who had challenged his initial guilty verdict last year, underwent a appeal hearing this week at the Nîmes court of appeal.

A panel of nine jurors, joined by three judges, ruled against Dogan on Thursday of sexually assaulting the victim in her bedroom in southern France in the early hours of June 29, 2019.

The testimony revealed that Dogan, a family man, made contact with the victim's husband at the time, the husband, in an internet forum titled “without her consent”, where the husband was recruiting men to visit his house to assault his wife once he had drugged her into a deep sleep.

We expect the court will say loud and clear that in this country, human rights are also women’s rights – that consent is personal, not delegated,” stated Gisèle Pelicot’s lawyer, her legal representative. “Agreement is received directly and not via a representative from a spouse.”

Context

The husband, a notorious sex offenders in recent French history, was sentenced to two decades in prison last year for drugging his then wife and bringing in multiple perpetrators to rape her in her home in the community of Mazan over a span of almost a decade of their marriage.

Fifty other men were found guilty in a notable trial last year, and the appellant was the only man to appeal against his conviction. He was first handed a term to 9 years in prison, a punishment enhanced on Thursday to a decade.

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

Testimony and Proof

The defendant had initially sent Dominique Pelicot graphic images and then driven an hour from his town in Provence to assault the victim, after informing his wife he was stepping out, the court heard.

Pelicot, who was brought from isolation in prison to temporarily testify at the appeal trial, told the court that the accused had understood his wife had been “incapacitated” and he said to men by phone: “I seek someone to abuse my wife after I’ve rendered her unconscious without her consent.”

The trial became a key topic for a broader debate on societal attitudes in society as the defendant continued to say he was not guilty and had not engaged in violation, arguing that because Gisèle Pelicot’s husband had allowed him into the bedroom, his conduct had been permissible.

The jury in the higher court was presented with visual proof of Gisèle Pelicot’s limp body, comatose and snoring in a deep sleep, while a smiling the perpetrator committed rape on several occasions over a timeframe of what police said was several hours. The presiding judge said she had been at peril of death by asphyxiation. The prosecution said there was absolute certainty that she had been unaware and had not given permission.

Dogan's Claims

The defendant stated to the court the recordings were simply “sex scenes” and disputed it was rape. He said what he did was “a consensual activity”, not rape. He stated 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 attempted to cease,” Dogan told the court. “I carried on because he reassured me.”

Asked if he wanted to make a final statement to the court, Dogan said: “I did not intend to hurt that individual.”

Pelicot's Words

The victim, who was supported upon departing the trial each day by supporters gathered to stand with her, addressed the defendant in court: “You fail to comprehend. When will you admit you raped me? It is unlawful to rape an unconscious woman. How could I have give you permission? At no time.”

The victim, 72, became an international feminist hero after she gave up her right to anonymity in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

The prosecutor, turning to the victim in court, said Dogan’s refusal to take blame showed that: “The shame remains. The public is possibly in the process of that, maybe driven by the public consciousness brought by the publication of your case.”

Sie said Dogan’s claims of blamelessness showed how societal tolerance was still widespread in society as part of “outdated” forms of “male domination”. He said: “Now we must change rape culture to a society based on agreement.”

Sie told Dogan: “For as much as you refuse to admit it, it’s not just a woman, it’s an entire disturbing cultural framework that you are upholding.”

Biographical Details

The accused was born in Turkey and at the age of 5 moved to the nation of France, where his parent worked as a concierge. The testimony revealed that his father was aggressive and that Dogan began using drugs at the age of ten. When Dogan was 17 he was apprehended by police for selling narcotics and his father forced him to leave of home. He was incarcerated in prison for drug dealing in his young adulthood and had worked as a construction worker but had experienced periods of homelessness.

He was wed and had a son with Down’s syndrome, who he was the primary guardian for, as his spouse worked in a institution's dining hall. The evidence showed his spouse did not know he had repeated extramarital activities beyond their union. His legal team said this was his way of coping with his difficult circumstances. The defendant had informed a mental health expert that each year he engaged in transactional encounters on his birthday. His attorneys told the court he had joint inflammation caused by the pressure of the initial proceedings.