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An individual was convicted on higher court review of raping Gisele Pelicot following she was rendered comatose by her then-husband – and was given his prison sentence increased to 10 years.

Appeal Trial

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

A jury of four women and five men, sitting with three judges, convicted Dogan on Thursday of sexually assaulting Pelicot in her home in southern France in the morning of June 29, 2019.

The testimony revealed that Dogan, a family man, made contact with Gisèle Pelicot’s spouse, the husband, in an internet forum called “without her knowledge”, where Pelicot was recruiting men to visit his house to assault his wife after he had rendered her unconscious into a unconscious state.

“We hope the panel will say loud and clear that in this country, human rights are also women’s rights – that consent is personal, not given by another,” said the victim's attorney, Antoine Camus. “Consent is received directly and not by proxy from a husband.”

Case History

The ex-husband, a notorious sex offenders in France's contemporary records, was sentenced to two decades in prison last year for incapacitating his spouse and inviting multiple perpetrators to rape her in her home in the community of Mazan over a span of many years of their marriage.

Dozens of additional defendants were found convicted in a notable trial last year, and the appellant was the single defendant to appeal against his sentence. He was originally given a sentence to nine years in prison, a punishment enhanced on Thursday to ten years.

The chief prosecutor, the prosecutor, had stated he should serve twelve years, because he “completely denies to take any responsibility”.

Testimony and Proof

The defendant had initially sent the husband graphic images and then driven an hour from his village in Provence to rape the victim, after notifying his wife he was going out, the court heard.

Pelicot, who was transported from isolation in prison to briefly provide testimony at the appeal trial, informed the court that the accused had been aware his wife had been “sedated” and he told to men by phone: “I seek someone to abuse my wife after I’ve put her to sleep without her knowledge.”

The courtroom became a focus point for a broader debate on societal attitudes in society as the defendant continued to say he was not guilty and had not engaged in violation, contending that because Gisèle Pelicot’s husband had allowed him into the residence, his behavior had been justifiable.

The panel in the higher court was shown recorded footage of Gisèle Pelicot’s unresponsive form, comatose and breathing heavily in a deep sleep, while a grinning the perpetrator committed rape repeatedly over a period of what authorities reported was three and a half hours. The presiding judge said she had been at danger of fatal outcome by suffocation. The prosecution said there was no question that she had been incapacitated and had not given permission.

Dogan's Claims

The defendant told the court the videos were simply “sexual encounters” and disputed it was assault. He said what he did was “an intimate behavior”, not rape. He told the court: “I never raped.” He said the victim's husband had allowed him to the residence, and therefore it was OK. He said he was manipulated by Dominique Pelicot. “I wanted to stop,” Dogan informed the court. “I proceeded because he convinced me.”

Asked if he wanted to make a closing remarks to the court, the defendant said: “I had no desire to hurt that woman.”

Pelicot's Words

The victim, who was applauded upon leaving court each day by onlookers gathered to back her, said to the defendant in court: “You haven’t understood. When will you acknowledge you violated me? It is illegal to rape an unaware woman. When did I ever give you permission? At no time.”

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

Legal Commentary

The prosecutor, speaking to the victim in court, said the defendant's unwillingness to take blame showed that: “The shame remains. The community is maybe in the midst of that, perhaps driven by the societal understanding brought by the revelation of your situation.”

The prosecutor said Dogan’s claims of innocence 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 society based on agreement.”

Sie said to the defendant: “While you deny it, it’s not just a woman, it’s an complete disturbing societal structure that you are upholding.”

Personal History

Dogan was born in Turkey and at the age of five came to France, where his parent worked as a caretaker. The testimony revealed that his father was violent and that Dogan began smoking cannabis aged 10. When he was 17 he was stopped by authorities for selling narcotics and his parent forced him to leave the residence. He served time in prison for trafficking in his young adulthood and had worked as a laborer but had experienced periods of homelessness.

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 evidence showed his spouse did not know he had repeated extramarital activities outside their union. His defence said this was his strategy for managing with his stressful life. Dogan had told a court psychologist that once a year he looked for commercial sex on his birthday. His legal representatives stated to the court he had a medical condition triggered by the stress of the initial proceedings.