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A man was convicted on higher court review of sexually assaulting Gisèle Pelicot after she was drugged unconscious by her husband – and received his jail term extended to 10 years.

Higher Court Case

Husamettin Dogan, forty-four, an unemployed builder, who had appealed his initial guilty verdict last year, underwent a appeal hearing this week at the appeals court in Nîmes.

A jury of five men and four women, accompanied by three judges, convicted Dogan on Thursday of sexually assaulting Pelicot in her residence in Provence in the morning of June 29, 2019.

The evidence showed that the accused, a married father, connected with the victim's husband at the time, Dominique Pelicot, in an internet forum named “without her consent”, where the husband was looking for men to visit his house to rape his wife after he had rendered her unconscious into a unconscious state.

We expect the jury will affirm that in this society, human rights are also rights of women – that consent is personal, not given by another,” stated the victim's lawyer, Antoine Camus. “Permission is obtained personally and not through someone else from a spouse.”

Case History

The ex-husband, among the most severe sex offenders in recent French history, was sentenced to twenty years in prison last year for drugging his spouse and soliciting multiple perpetrators to sexually assault her in her home in the Provence village of the village of Mazan over a duration of many years of their union.

Dozens of additional defendants were found culpable in a widely publicized trial last year, and Dogan was the only man to appeal against his verdict. He was initially handed a term to nine years in prison, a penalty raised on Thursday to ten years.

The state's attorney, the prosecutor, had contended he should serve 12 years, because he “absolutely refuses to take any responsibility”.

Courtroom Details

The defendant had initially sent Dominique Pelicot inappropriate pictures and then driven an hour from his village in Provence to assault the victim, after telling his wife he was stepping out, the evidence indicated.

Pelicot, who was transported from isolation in prison to temporarily testify at the appeal trial, informed the court that the accused had known his wife had been “sedated” and he communicated to men by phone: “I’m looking for someone to assault my wife after I’ve rendered her unconscious without her consent.”

The trial became a key topic for a wider discussion on societal attitudes in society as the defendant continued to say he was blameless and had not committed rape, contending that because the victim's husband had invited him into the room, his conduct had been permissible.

The jury in the Nîmes appeals court was displayed recorded footage of Gisèle Pelicot’s unconscious figure, sedated and breathing heavily in a unconscious condition, while a smiling Dogan committed rape on several occasions over a timeframe of what authorities reported was 3.5 hours. The judge said she had been at danger of fatal outcome by choking. The state prosecution said there was no question that she had been unaware and had not given permission.

Dogan's Claims

Dogan stated to the court the footage were simply “sexual encounters” and rejected it was assault. He said what he did was “a consensual activity”, not assault. He stated the court: “I did not commit rape.” He said the victim's husband had brought him to the house, and therefore it was acceptable. He said he was deceived by the husband. “I tried to halt,” Dogan stated to the court. “I proceeded because he persuaded me.”

Questioned if he wanted to make a last words to the court, Dogan said: “I never wanted to hurt that lady.”

Survivor's Statement

Gisèle Pelicot, who was applauded upon exiting the courtroom each day by crowds present to support her, told the defendant in court: “You fail to comprehend. When will you acknowledge you assaulted me? It is unlawful to assault an unconscious woman. At what point did I give you permission? Not once.”

The victim, 72, became an global icon after she relinquished her right to privacy in the trial last year when she said: “Shame must change sides.”

Legal Commentary

The prosecutor, addressing the victim in court, said Dogan’s failure to take responsibility showed that: “Shame has not yet changed sides. The public is maybe in the process of that, perhaps motivated by the societal understanding brought by the revelation of your case.”

Sie said Dogan’s claims of non-guilt showed how normalized violence was still widespread in society as part of “old-fashioned” forms of “male domination”. He said: “Now we must change rape culture to a ethos of permission.”

Sie told Dogan: “For as much as you reject it, it’s not just a individual, it’s an whole sordid social system that you are endorsing.”

Personal History

The accused was originated from Turkey and at the age of five moved to France, where his father worked as a building manager. The evidence indicated that his father was abusive and that the defendant began consuming marijuana at the age of ten. When Dogan was seventeen he was caught by police for dealing drugs and his parent kicked him out the residence. He was incarcerated in prison for narcotics offenses in his early 20s and had worked as a builder but had experienced periods of being unhoused.

He was married and had a child with Down’s syndrome, who he was the primary guardian for, as his spouse worked in a educational cafeteria. The testimony revealed his wife did not know he had regular extramarital activities beyond their marriage. His defence said this was his method of dealing with his difficult circumstances. The defendant had stated to a mental health expert that once a year he engaged in paid sex on his special day. His attorneys stated to the court he had arthritis triggered by the stress of the original case.