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An individual has been found guilty on retrial of sexually assaulting Gisèle Pelicot following she was rendered comatose by her spouse – and has had his incarceration period increased to ten years.

Higher Court Case

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

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

The testimony revealed that Dogan, a married father, made contact with Gisèle Pelicot’s husband at the time, Dominique Pelicot, in an internet forum called “unbeknownst to her”, where Pelicot was recruiting men to enter his residence to rape his wife after he had drugged her into a comatose state.

We trust the panel will declare that in this country, fundamental rights are also women’s rights – that consent is personal, not delegated,” stated the victim's lawyer, Antoine Camus. “Agreement is secured directly and not by proxy from a husband.”

Case History

The husband, one of the worst sex offenders in France's contemporary records, was sentenced to 20 years in prison last year for sedating his wife at the time and inviting multiple perpetrators to sexually assault her in her home in the town of Mazan over a span of nearly ten years of their marriage.

Dozens of additional defendants were found culpable in a widely publicized trial last year, and Dogan was the only man to challenge his sentence. He was initially sentenced to 9 years in prison, a punishment increased on Thursday to a decade.

The lead state prosecutor, Dominique Sie, had stated he should serve twelve years, because he “absolutely refuses to take any accountability”.

Courtroom Details

Dogan had first sent the husband graphic images and then traveled an hour from his residence in Provence to assault the victim, after telling his wife he was stepping out, the court heard.

Pelicot, who was transported from solitary confinement in prison to briefly provide testimony at the appeal trial, told the court that the accused had been aware his wife had been “incapacitated” and he communicated to men by phone: “I’m looking for someone to assault my wife after I’ve rendered her unconscious unbeknownst to her.”

The trial became a key topic for a larger conversation on sexual violence norms in society as the defendant continued to assert he was innocent and had not perpetrated assault, contending that because Gisèle Pelicot’s husband had welcomed him into the room, his behavior had been justifiable.

The panel in the higher court was displayed visual proof of the victim's limp body, sedated and snoring in a deep sleep, while a grinning Dogan engaged in violation multiple times over a duration of what police said was 3.5 hours. The court official said she had been at risk of death by asphyxiation. The state prosecution said there was absolute certainty that she had been incapacitated and had not consented.

Accused's Testimony

Dogan informed the court the recordings were simply “sexual encounters” and denied it was rape. He said what he did was “a sexual act”, not rape. He declared the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had brought him to the home, and therefore it was acceptable. He said he was influenced by the husband. “I attempted to cease,” the accused informed the court. “I carried on because he persuaded me.”

Questioned if he wanted to make a last words to the court, Dogan said: “I did not intend to hurt that lady.”

Pelicot's Words

The victim, who was cheered upon exiting the courtroom each day by onlookers gathered to stand with her, addressed the defendant in court: “You do not grasp. When are you going to recognise you raped me? It is illegal to assault an unaware woman. How could I have give you permission? Not once.”

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

Legal Commentary

The prosecutor, turning to the victim in court, said Dogan’s unwillingness to take responsibility showed that: “The shame remains. Society is maybe in the midst of that, possibly propelled by the collective awareness spurred by the revelation of your situation.”

Sie said the defendant's claims of blamelessness showed how rape culture was still widespread in society as part of “outdated” forms of “patriarchal control”. He said: “It is imperative to change the culture of violence to a culture of consent.”

Sie told the defendant: “While you deny it, it’s not just a person, it’s an entire sordid societal structure that you are supporting.”

Personal History

The accused was originated from the country of Turkey and at the age of 5 moved to the nation of France, where his father worked as a concierge. The court heard that his father was aggressive and that Dogan began consuming marijuana aged ten. When Dogan was 17 he was apprehended by authorities for drug trafficking and his father forced him to leave the family house. He served time in prison for drug dealing in his young adulthood and had worked as a laborer 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 wife worked in a institution's dining hall. The evidence showed his spouse did not know he had regular sexual encounters outside their marriage. His defence said this was his method of dealing with his difficult circumstances. The defendant had informed a mental health expert that annually he engaged in paid sex on his special day. His lawyers stated to the court he had a medical condition resulting from the anxiety of the original case.