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A man was declared guilty on higher court review of sexually assaulting Gisèle Pelicot after she was rendered comatose by her spouse – and received his jail term extended to a decade.

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 Nîmes court of appeal.

A jury of nine jurors, accompanied by three judges, ruled against Dogan on Thursday of sexually assaulting the victim in her bedroom in Provence in the early hours of June 29, 2019.

The testimony revealed that the accused, a married father, made contact with the victim's spouse, Dominique Pelicot, in an internet forum named “unbeknownst to her”, where the husband was looking for men to enter his residence to assault his wife once he had rendered her unconscious into a unconscious state.

We expect the panel will affirm that in this nation, fundamental rights are also rights of women – that agreement is personal, not delegated,” stated the victim's attorney, her legal representative. “Agreement is secured directly and not via a representative from a spouse.”

Background

Dominique Pelicot, one of the worst sexual predators in modern French history, was given a prison term to 20 years in prison last year for drugging his spouse and soliciting multiple perpetrators to rape her in her home in the community of the village of Mazan over a period of almost a decade of their union.

Numerous other individuals were found convicted in a high-profile trial last year, and the appellant was the single defendant to contest his conviction. He was originally handed a term to 9 years in prison, a sentence enhanced on Thursday to a decade.

The lead state prosecutor, Dominique Sie, had contended he should serve 12 years, because he “stubbornly rejects to take any blame”.

Testimony and Proof

The defendant had initially sent the husband graphic images and then traveled an hour from his village in the region to assault the victim, after telling his wife he was going out, the testimony revealed.

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

The proceedings became a central issue for a broader debate on rape culture in society as the defendant continued to say he was innocent and had not committed rape, arguing that because the victim's husband had invited him into the residence, his actions had been permissible.

The panel in the higher court was displayed visual proof of the victim's unresponsive form, comatose and snoring in a deep sleep, while a smiling the perpetrator committed rape multiple times over a duration of what authorities reported was several hours. The presiding judge said she had been at peril of death by asphyxiation. The state's case said there was no question that she had been incapacitated and had not agreed.

Defendant's Statements

Dogan told the court the recordings were simply “sex scenes” and disputed it was rape. He said what he did was “a sexual act”, not rape. He told the court: “I am innocent of assault.” He said the victim's husband had allowed him to the residence, and therefore it was permissible. He said he was deceived by Dominique Pelicot. “I wanted to stop,” Dogan stated to the court. “I carried on because he convinced me.”

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

Victim's Response

Gisèle Pelicot, who was cheered upon exiting the courtroom each day by crowds gathered to stand with her, said to Dogan in court: “You do not grasp. When will you acknowledge you raped me? It’s a crime to rape an incapacitated woman. How could I have give you consent? At no time.”

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

State's Argument

The prosecutor, speaking 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, possibly driven by the public consciousness brought by the exposure of your case.”

The prosecutor said Dogan’s claims of innocence showed how societal tolerance was still common in society as part of “old-fashioned” forms of “patriarchal control”. He said: “It is imperative to change the culture of violence to a culture of consent.”

The prosecutor addressed the defendant: “For as much as you deny it, it’s not just a woman, it’s an whole unpleasant societal structure that you are endorsing.”

Defendant's Background

Dogan was originated from Turkey and at the age of five relocated to France, where his parent worked as a concierge. The testimony revealed that his parent was violent and that Dogan began using drugs at the age of 10. When he was seventeen he was apprehended by police for drug trafficking and his father forced him to leave the residence. He served time in prison for narcotics offenses in his twenties and had worked as a laborer but had experienced periods of being unhoused.

He was married and had a child with special needs, who he was the principal carer for, as his wife worked in a school canteen. The court heard his spouse did not know he had frequent extramarital activities beyond their union. His defence said this was his way of coping with his difficult circumstances. Dogan had told a court psychologist that once a year he looked for paid sex on his birthday. His legal representatives informed the court he had a medical condition triggered by the pressure of the initial proceedings.