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A defendant was declared guilty on higher court review of sexually assaulting Gisele Pelicot following she was sedated by her husband – and was given his jail term increased to 10 years.

Higher Court Case

Husamettin Dogan, 44, an out-of-work construction worker, who had contested his initial guilty verdict last year, experienced a new trial this week at the appeals court in Nîmes.

A jury of four women and five men, joined by three judges, convicted Dogan on Thursday of sexually assaulting the victim in her residence in southern France in the morning of June 29, 2019.

The evidence showed that the accused, a family man, made contact with the victim's then husband, Dominique Pelicot, in an online chatroom called “unbeknownst to her”, where the husband was looking for men to come to his home to assault his wife once he had drugged her into a comatose state.

We expect the court will say loud and clear that in this nation, human rights are also rights of women – that consent is personal, not delegated,” stated Gisèle Pelicot’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 sex offenders in recent French history, was sentenced to 20 years in prison last year for incapacitating his spouse and soliciting multiple perpetrators to sexually assault her in her home in the Provence village of Mazan over a span of nearly ten years of their union.

Dozens of additional defendants were found guilty in a notable 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 state's attorney, Dominique Sie, had argued he should serve twelve years, because he “absolutely refuses to take any responsibility”.

Courtroom Details

The defendant had initially sent the husband graphic images and then traveled an hour from his residence in Provence to rape the victim, after notifying his wife he was stepping out, the testimony revealed.

The ex-husband, who was transported from isolation in prison to briefly testify at the hearing, stated to the court that the accused had understood his wife had been “drugged” and he communicated to men by phone: “I seek someone to assault my wife after I’ve sedated her unbeknownst to her.”

The trial became a focus point for a larger conversation on rape culture in society as Dogan continued to claim he was blameless and had not engaged in violation, arguing that because the victim's husband had welcomed him into the residence, his conduct had been acceptable.

The panel in the higher court was shown visual proof of Gisèle Pelicot’s unconscious figure, comatose and snoring in a deep sleep, while a smiling the perpetrator committed rape repeatedly over a duration of what authorities reported was three and a half hours. The presiding judge said she had been at risk of fatal outcome by suffocation. The prosecution said there was absolute certainty that she had been incapacitated and had not consented.

Defendant's Statements

The defendant stated to the court the recordings were simply “sex scenes” and disputed it was rape. He said what he did was “a sexual act”, not assault. He stated the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had allowed him to the house, and therefore it was permissible. He said he was deceived by Dominique Pelicot. “I wanted to stop,” the accused informed the court. “I continued because he convinced me.”

Inquired if he wanted to make a last words to the court, the defendant said: “I never wanted to injure that individual.”

Survivor's Statement

The survivor, who was cheered upon leaving court each day by supporters assembled to stand with her, told Dogan in court: “You do not grasp. When will you admit you assaulted me? It’s a crime to assault an unaware woman. When did I ever give you agreement? Not once.”

The victim, seventy-two, became an international feminist hero after she waived her right to confidentiality in the trial last year when she said: “The shame should shift.”

State's Argument

Sie, turning to Gisèle Pelicot in court, said Dogan’s unwillingness to take blame showed that: “The shame remains. Society is maybe in the course of that, perhaps motivated by the public consciousness resulting from the publication of your case.”

Sie said the defendant's claims of blamelessness showed how normalized violence was still prevalent in society as part of “old-fashioned” forms of “male domination”. He said: “We need to change rape culture to a society based on agreement.”

Sie said to the defendant: “While you reject it, it’s not just a woman, it’s an complete disturbing social system that you are endorsing.”

Biographical Details

The accused was born in Turkey and at the age of 5 came to the nation of France, where his father worked as a building manager. The testimony revealed that his parent was violent and that the defendant began smoking cannabis aged ten. When Dogan was seventeen he was caught by authorities for drug trafficking and his parent evicted him of home. He served time in prison for trafficking in his early 20s and had worked as a construction worker but had experienced periods of living on the streets.

He was married and had a child with Down’s syndrome, who he was the primary guardian for, as his spouse worked in a institution's dining hall. The testimony revealed his wife did not know he had repeated sexual encounters outside their union. His legal team said this was his strategy for managing with his difficult circumstances. The defendant had informed a court psychologist that annually he looked for commercial sex on his birthday. His attorneys told the court he had arthritis resulting from the anxiety of the initial proceedings.