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An individual was declared guilty on higher court review of sexually assaulting Gisele Pelicot following she was sedated by her then-husband – and has had his prison sentence increased to ten years.

Retrial Proceedings

Husamettin Dogan, 44, an unemployed builder, who had contested his initial guilty verdict last year, underwent a retrial this week at the Nîmes court of appeal.

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

The evidence showed that the accused, a married father, made contact with the victim's husband at the time, the husband, in an internet forum called “unbeknownst to her”, where Pelicot was seeking men to visit his house to rape his wife after he had rendered her unconscious into a deep sleep.

“We hope the court will affirm that in this country, fundamental rights are also women’s rights – that permission is individual, not delegated,” said Gisèle Pelicot’s attorney, her legal representative. “Permission is received personally and not by proxy from a husband.”

Case History

The ex-husband, a notorious sexual predators in recent French history, was given a prison term to 20 years in prison last year for incapacitating his wife at the time and inviting numerous individuals to sexually assault her in her home in the town of Mazan over a period of almost a decade of their marriage.

Fifty other men were found culpable in a notable trial last year, and the appellant was the only man to appeal against his sentence. He was first sentenced to nine years in prison, a sentence raised on Thursday to ten years.

The chief prosecutor, the prosecutor, had contended he should serve twelve years, because he “stubbornly rejects to take any responsibility”.

Testimony and Proof

The defendant had initially sent the husband sexually explicit photos and then driven an hour from his town in the region to rape Gisèle Pelicot, after notifying his wife he was stepping out, the court heard.

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

The trial became a focus point for a larger conversation on rape culture in society as the defendant continued to claim he was not guilty and had not perpetrated assault, stating that because Gisèle Pelicot’s husband had welcomed him into the residence, his actions had been permissible.

The jury in the Nîmes appeals court was shown visual proof of the victim's unconscious figure, unconscious and snoring in a deep sleep, while a smiling Dogan performed assault on several occasions over a period of what investigators stated was 3.5 hours. The judge said she had been at danger of death by choking. The state prosecution said there was no question that she had been unaware and had not consented.

Dogan's Claims

Dogan informed the court the recordings were simply “sexual encounters” and rejected it was rape. He said what he did was “a consensual activity”, not assault. He told the court: “I did not commit rape.” He said the victim's husband had allowed him to the home, and therefore it was acceptable. He said he was influenced by the husband. “I tried to halt,” the accused told the court. “I continued because he convinced me.”

Asked if he wanted to make a final statement to the court, the defendant said: “I had no desire to hurt that lady.”

Pelicot's Words

The victim, who was cheered upon exiting the courtroom each day by onlookers gathered to support her, addressed the defendant in court: “You fail to comprehend. When are you going to recognise you raped me? It is illegal to assault an unconscious woman. At what point did I give you permission? At no time.”

The victim, 72, became an symbol of resistance after she gave up her right to anonymity in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

The prosecutor, addressing Gisèle Pelicot in court, said Dogan’s failure to take blame showed that: “Shame has not yet changed sides. The community is maybe in the midst of that, possibly motivated by the public consciousness spurred by the publication of your situation.”

Sie said the defendant's claims of non-guilt showed how societal tolerance was still common in society as part of “archaic” forms of “male domination”. He said: “It is imperative to change the culture of violence to a ethos of permission.”

Sie addressed the defendant: “For as much as you refuse to admit it, it’s not just a woman, it’s an complete sordid societal structure that you are supporting.”

Defendant's Background

The accused was originated from Turkey and at the age of five came to the nation of France, where his father worked as a caretaker. The testimony revealed that his parent was violent and that the defendant began consuming marijuana at the age of ten. When he was seventeen he was apprehended by authorities for dealing drugs and his father kicked him out the family house. He was incarcerated in prison for trafficking in his early 20s and had worked as a builder but had faced periods of being unhoused.

He was married and had a son with Down’s syndrome, who he was the main caregiver for, as his spouse worked in a institution's dining hall. The court heard his wife did not know he had frequent sexual encounters beyond their union. His defence said this was his strategy for managing with his difficult circumstances. The defendant had informed a mental health expert that annually he engaged in paid sex on his birthday. His legal representatives informed the court he had arthritis caused by the pressure of the first trial.