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An individual was convicted on higher court review of sexually assaulting Gisèle Pelicot after she was drugged unconscious by her husband – and has had his incarceration period raised to ten years.

Higher Court Case

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

A jury of five men and four women, accompanied by three judges, ruled against Dogan on Thursday of sexually assaulting Pelicot in her bedroom in the south of France in the early hours of 29 June 2019.

The court heard that Dogan, a family man, made contact with the victim's spouse, Dominique Pelicot, in an internet forum titled “unbeknownst to her”, where Pelicot was seeking men to enter his residence to assault his wife once he had rendered her unconscious into a unconscious state.

We trust the jury will say loud and clear that in this country, fundamental rights are also women’s rights – that agreement is individual, not given by another,” declared the victim's lawyer, her legal representative. “Consent is obtained directly and not by proxy from a husband.”

Case History

Dominique Pelicot, one of the worst sexual predators in modern French history, was handed a sentence to two decades in prison last year for incapacitating his spouse and bringing in numerous individuals to rape her in her home in the community of Mazan over a duration of many years of their union.

Numerous other individuals were found culpable in a widely publicized trial last year, and Dogan was the only man to challenge his verdict. He was first sentenced to nine years in prison, a penalty increased 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 responsibility”.

Courtroom Details

Dogan had initially sent Dominique Pelicot graphic images and then driven an hour from his town in Provence to assault the victim, after telling his wife he was stepping out, the testimony revealed.

Pelicot, who was transported from solitary confinement in prison to temporarily provide testimony at the appeal trial, stated to the court that Dogan had known his wife had been “incapacitated” and he told to men by phone: “I want someone to violate my wife after I’ve sedated her unbeknownst to her.”

The courtroom became a focus point for a larger conversation on sexual violence norms in society as Dogan continued to assert he was blameless and had not perpetrated assault, contending that because the victim's husband had allowed him into the bedroom, his conduct had been justifiable.

The panel in the Nîmes appeals court was presented with video evidence of Gisèle Pelicot’s limp body, unconscious and snoring in a deep sleep, while a grinning the perpetrator engaged in violation multiple times over a timeframe of what authorities reported was three and a half hours. The court official said she had been at risk of death by suffocation. The prosecution said there was no question that she had been unaware and had not consented.

Defendant's Statements

The defendant informed the court the videos were simply “intimate moments” and rejected it was violation. He said what he did was “a sexual act”, not assault. He stated the court: “I never raped.” He said Gisèle Pelicot’s husband had allowed him to the residence, and therefore it was permissible. He said he was deceived by the husband. “I attempted to cease,” Dogan told the court. “I continued because he reassured me.”

Asked if he wanted to make a closing remarks to the court, Dogan said: “I had no desire to injure that individual.”

Pelicot's Words

The victim, who was applauded upon exiting the courtroom each day by supporters gathered to back her, addressed the defendant in court: “You do not grasp. When will you acknowledge you violated me? It’s a crime to assault an incapacitated woman. When did I ever give you permission? Not once.”

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

State's Argument

The prosecutor, addressing the victim in court, said Dogan’s failure to take accountability showed that: “The shame remains. Society is possibly in the midst of that, perhaps driven by the public consciousness resulting from the publication of your situation.”

The prosecutor said the defendant's claims of innocence showed how societal tolerance was still prevalent in society as part of “outdated” forms of “male domination”. He said: “It is imperative to change the culture of violence to a society based on agreement.”

The prosecutor addressed the defendant: “While you deny it, it’s not just a woman, it’s an whole disturbing social system that you are upholding.”

Biographical Details

Dogan was originated from the country of Turkey and at the age of 5 moved to the nation of France, where his parent worked as a concierge. The evidence indicated that his father was abusive and that Dogan began using drugs aged ten. When Dogan was 17 he was caught by police for selling narcotics and his father forced him to leave of home. He was incarcerated in prison for drug dealing in his young adulthood and had worked as a laborer but had faced periods of being unhoused.

He was married and had a son with Down’s syndrome, who he was the principal carer for, as his wife worked in a institution's dining hall. The court heard his spouse did not know he had regular sexual encounters beyond their union. His defence said this was his method of dealing with his challenging existence. Dogan had informed a court psychologist that once a year he sought commercial sex on his birthday. His attorneys informed the court he had arthritis caused by the pressure of the original case.