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A man was declared guilty on appeal of raping Gisele Pelicot following she was rendered comatose by her spouse – and received his jail term extended to ten years.

Retrial Proceedings

Husamettin Dogan, forty-four, an out-of-work construction worker, who had contested his first conviction last year, faced a new trial this week at the Nîmes court of appeal.

A jury of nine jurors, joined by three judges, found Dogan guilty on Thursday of raping the victim in her bedroom in the south of France in the morning of 29 June 2019.

The court heard that Dogan, a married father, reached out to Gisèle Pelicot’s then husband, Dominique Pelicot, in an digital platform named “unbeknownst to her”, where Pelicot was seeking men to visit his house to assault his wife after he had drugged her into a deep sleep.

“We hope the panel will declare that in this country, human rights are also women’s rights – that permission is personal, not delegated,” declared the victim's lawyer, Antoine Camus. “Agreement is secured personally and not by proxy from a husband.”

Case History

The husband, one of the worst sexual predators in recent French history, was sentenced to 20 years in prison last year for incapacitating his then wife and bringing in dozens of men to sexually assault her in her home in the town of Mazan over a span of nearly ten years of their marriage.

Dozens of additional defendants were found culpable in a high-profile trial last year, and the appellant was the only man to appeal against his verdict. He was initially given a sentence to 9 years in prison, a penalty increased on Thursday to ten years.

The lead state prosecutor, the prosecutor, had argued he should serve 12 years, because he “completely denies to take any accountability”.

Testimony and Proof

Dogan had first sent Dominique Pelicot sexually explicit photos and then traveled an hour from his residence in Provence to rape Gisèle Pelicot, after notifying his wife he was leaving, the testimony revealed.

Pelicot, who was transported from segregation in prison to briefly testify at the hearing, informed the court that Dogan had known his wife had been “sedated” and he told to men by phone: “I’m looking for someone to assault my wife after I’ve sedated her without her consent.”

The courtroom became a key topic for a larger conversation on societal attitudes in society as Dogan continued to claim he was blameless and had not engaged in violation, contending that because the victim's husband had allowed him into the bedroom, his behavior had been acceptable.

The panel in the higher court was displayed video evidence of the victim's unconscious figure, unconscious and snoring in a comatose state, while a grinning Dogan engaged in violation on several occasions over a duration of what authorities reported was several hours. The judge said she had been at peril of death by suffocation. The state's case said there was absolute certainty that she had been unaware and had not consented.

Defendant's Statements

Dogan told the court the videos were simply “intimate moments” and disputed it was violation. He said what he did was “a sexual act”, not rape. He told the court: “I never raped.” He said the victim's husband had brought him to the house, and therefore it was OK. He said he was deceived by the husband. “I wanted to stop,” Dogan stated to the court. “I carried on because he convinced me.”

Questioned if he wanted to make a last words to the court, Dogan said: “I did not intend to injure that lady.”

Victim's Response

The victim, who was cheered upon departing the trial each day by onlookers gathered to stand with her, told Dogan in court: “You fail to comprehend. When are you going to recognise you raped me? It is unlawful to assault an unaware woman. When did I ever give you consent? Not once.”

Gisèle Pelicot, 72, became an global icon after she gave up her right to privacy in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

Sie, speaking to Gisèle Pelicot in court, said the defendant's refusal to take responsibility showed that: “Guilt has not shifted. The public is possibly in the course of that, maybe motivated by the societal understanding resulting from the exposure of your situation.”

Sie said Dogan’s claims of blamelessness showed how societal tolerance was still prevalent in society as part of “old-fashioned” forms of “male domination”. He said: “We need to change the culture of violence to a culture of consent.”

Sie addressed Dogan: “While you refuse to admit it, it’s not just a person, it’s an entire disturbing cultural framework that you are supporting.”

Defendant's Background

Dogan was originated from the country of Turkey and at the age of five relocated to France, where his father worked as a concierge. The evidence indicated that his parent was violent and that the defendant began smoking cannabis at the age of 10. When Dogan was seventeen he was caught by authorities for drug trafficking and his father evicted him the family house. He was incarcerated in prison for drug dealing in his young adulthood and had worked as a construction worker but had undergone periods of being unhoused.

He was married and had a child with a genetic condition, who he was the main caregiver for, as his wife worked in a school canteen. The testimony revealed his wife did not know he had frequent sexual encounters outside their marriage. His legal team said this was his method of dealing with his stressful life. Dogan had told a court psychologist that once a year he sought paid sex on his special day. His legal representatives stated to the court he had joint inflammation resulting from the stress of the first trial.