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A man was declared guilty on higher court review of raping Gisèle Pelicot following she was rendered comatose by her husband – and was given his prison sentence increased to a decade.

Appeal Trial

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

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

The testimony revealed that Dogan, a married father, reached out to Gisèle Pelicot’s then husband, the husband, in an internet forum called “unbeknownst to her”, where the husband was recruiting men to enter his residence to assault his wife after he had rendered her unconscious into a comatose state.

We trust the jury will declare that in this society, human rights are also women’s rights – that agreement is individual, not transferred,” declared Gisèle Pelicot’s attorney, Antoine Camus. “Agreement is received directly and not through someone else from a husband.”

Background

The ex-husband, a notorious sex offenders in modern French history, was handed a sentence to 20 years in prison last year for incapacitating his spouse and inviting numerous individuals to rape her in her home in the Provence village of the village of Mazan over a period of almost a decade of their union.

Dozens of additional defendants were found convicted in a widely publicized trial last year, and the appellant was the single defendant to contest his sentence. He was first given a sentence to nine years in prison, a punishment increased on Thursday to ten years.

The chief prosecutor, Dominique Sie, had contended he should serve 12 years, because he “absolutely refuses to take any responsibility”.

Testimony and Proof

Dogan had first sent the husband sexually explicit photos and then traveled an hour from his residence in the region to assault the victim, after telling his wife he was leaving, the testimony revealed.

The ex-husband, who was brought from segregation in prison to briefly give evidence at the hearing, told the court that Dogan had understood his wife had been “sedated” and he told to men by phone: “I seek someone to abuse my wife after I’ve sedated her without her consent.”

The courtroom became a focus point for a broader debate on societal attitudes in society as the defendant continued to claim he was blameless and had not committed rape, stating that because Gisèle Pelicot’s husband had allowed him into the bedroom, his conduct had been justifiable.

The panel in the Nîmes appeals court was shown recorded footage of the victim's unresponsive form, sedated and snoring in a unconscious condition, while a grinning the perpetrator engaged in violation repeatedly over a period of what police said was three and a half hours. The court official said she had been at risk of death by choking. The prosecution said there was no question that she had been unconscious and had not consented.

Defendant's Statements

Dogan informed the court the videos were simply “intimate moments” and disputed it was rape. He said what he did was “a sexual act”, not rape. He told the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had invited him to the home, and therefore it was permissible. He said he was deceived by the husband. “I wanted to stop,” the accused informed the court. “I proceeded because he reassured me.”

Questioned if he wanted to make a closing remarks to the court, the defendant said: “I never wanted to hurt that lady.”

Victim's Response

Gisèle Pelicot, who was supported upon leaving court each day by supporters gathered to back her, told Dogan in court: “You haven’t understood. When are you going to recognise you assaulted me? It is unlawful to assault an unaware woman. When did I ever give you consent? At no time.”

The victim, 72, became an global icon after she waived her right to privacy in the trial last year when she said: “The shame should shift.”

Legal Commentary

Sie, speaking to Gisèle Pelicot in court, said the defendant's refusal to take responsibility showed that: “The shame remains. Society is maybe in the course of that, maybe driven by the collective awareness brought by the publication of your case.”

The prosecutor said the defendant's claims of non-guilt showed how societal tolerance was still prevalent in society as part of “outdated” forms of “gender-based power”. He said: “It is imperative to change rape culture to a ethos of permission.”

Sie addressed Dogan: “As long as you deny it, it’s not just a person, it’s an complete unpleasant societal structure that you are supporting.”

Personal History

Dogan was born in the country of Turkey and at the age of five came to France, where his parent worked as a caretaker. The testimony revealed that his father was aggressive and that Dogan began using drugs aged 10. When he was seventeen he was stopped by police for drug trafficking and his father evicted him the family house. He served time in prison for trafficking in his early 20s and had worked as a builder but had faced periods of homelessness.

He was married and had a child with Down’s syndrome, who he was the primary guardian for, as his wife worked in a school canteen. The evidence showed his spouse did not know he had regular sexual encounters outside their marriage. His defence said this was his method of dealing with his stressful life. Dogan had told a mental health expert that each year he looked for transactional encounters on his special day. His legal representatives stated to the court he had arthritis caused by the pressure of the original case.