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A man has been found guilty on appeal of sexually assaulting Gisele Pelicot following she was drugged unconscious by her then-husband – and has had his jail term raised to a decade.

Higher Court Case

Husamettin Dogan, 44, an unemployed builder, who had appealed his initial guilty verdict last year, faced a appeal hearing this week at the higher court in Nîmes.

A panel of four women and five men, accompanied by three judges, found Dogan guilty on Thursday of sexually assaulting Pelicot in her bedroom in the south of France in the morning of 29 June 2019.

The evidence showed that the accused, a family man, reached out to Gisèle Pelicot’s spouse, Dominique Pelicot, in an internet forum titled “unbeknownst to her”, where the husband was looking for men to visit his house to assault his wife after he had sedated her into a comatose state.

We expect the panel will affirm that in this society, human rights are also rights of women – that consent is personal, not delegated,” stated the victim's lawyer, her legal representative. “Agreement is obtained personally and not through someone else from a husband.”

Context

Dominique Pelicot, among the most severe sex offenders in recent French history, was sentenced to 20 years in prison last year for sedating his then wife and soliciting numerous individuals to sexually assault her in her home in the Provence village of Mazan over a span of many years of their union.

Dozens of additional defendants were found guilty in a notable trial last year, and Dogan was the single defendant to appeal against his conviction. He was first handed a term to nine years in prison, a penalty raised on Thursday to ten years.

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

Evidence Presented

Dogan had initially sent the husband graphic images and then driven an hour from his village in the region to rape Gisèle Pelicot, after telling his wife he was stepping out, the evidence indicated.

Pelicot, who was brought from isolation in prison to temporarily provide testimony at the hearing, informed the court that Dogan had understood his wife had been “sedated” and he said to men by phone: “I want someone to assault my wife after I’ve rendered her unconscious without her consent.”

The trial became a central issue for a broader debate on sexual violence norms in society as the defendant continued to assert he was not guilty and had not engaged in violation, stating that because the victim's husband had welcomed him into the room, his actions had been justifiable.

The panel in the higher court was shown recorded footage of the victim's unresponsive form, sedated and snoring in a comatose state, while a smiling the perpetrator committed rape on several occasions over a period of what police said was three and a half hours. The judge said she had been at danger of death by asphyxiation. The state's case said there was absolute certainty that she had been unconscious and had not given permission.

Accused's Testimony

The defendant stated to the court the videos were simply “sex scenes” and denied it was rape. He said what he did was “a sexual act”, not rape. He declared the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had invited him to the house, and therefore it was permissible. He said he was manipulated by the husband. “I tried to halt,” the accused told the court. “I continued because he persuaded me.”

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

Survivor's Statement

The victim, who was cheered upon leaving court each day by crowds gathered to support her, addressed the defendant in court: “You fail to comprehend. When are you going to recognise you violated me? It is unlawful to assault an unaware woman. When did I ever give you permission? Not once.”

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

Prosecutor's Remarks

The prosecutor, addressing the victim in court, said the defendant's failure to take blame showed that: “Shame has not yet changed sides. Society is maybe in the midst of that, maybe driven by the societal understanding spurred by the publication of your situation.”

The prosecutor said Dogan’s claims of non-guilt showed how normalized violence was still widespread in society as part of “archaic” forms of “patriarchal control”. He said: “We need to change rape culture to a ethos of permission.”

Sie told Dogan: “While you deny it, it’s not just a woman, it’s an complete unpleasant social system that you are supporting.”

Defendant's Background

The accused was originated from the country of Turkey and at the age of five came to the nation of France, where his parent worked as a building manager. The evidence indicated that his parent was abusive and that Dogan began using drugs aged ten. When he was 17 he was stopped by authorities for selling narcotics and his parent forced him to leave of home. He spent time in prison for trafficking in his young adulthood and had worked as a construction worker but had undergone periods of living on the streets.

He was married and had a child with special needs, who he was the principal carer for, as his spouse worked in a institution's dining hall. The testimony revealed his wife did not know he had regular intimate relations beyond their union. His defence said this was his strategy for managing with his challenging existence. Dogan had told a mental health expert that annually he looked for paid sex on his special day. His legal representatives informed the court he had a medical condition resulting from the pressure of the first trial.