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A man has been found guilty on higher court review of raping Gisèle Pelicot following she was rendered comatose by her spouse – and was given his jail term extended to a decade.

Appeal Trial

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

A panel of four women and five men, joined by three judges, convicted Dogan on Thursday of sexually assaulting Pelicot in her home in the south of France in the early hours of 29 June 2019.

The court heard that the accused, a married father, reached out to the victim's husband at the time, Dominique Pelicot, in an internet forum called “unbeknownst to her”, where Pelicot was recruiting men to visit his house to rape his wife once he had drugged her into a unconscious state.

“We hope the panel will affirm that in this nation, human rights are also women’s rights – that consent is personal, not transferred,” stated the victim's attorney, her legal representative. “Permission is received personally and not via a representative from a spouse.”

Background

The ex-husband, among the most severe sexual predators in recent French history, was sentenced to twenty years in prison last year for drugging his then wife and soliciting dozens of men to rape her in her home in the community of Mazan over a duration of many years of their union.

Dozens of additional defendants were found guilty in a notable trial last year, and Dogan was the single defendant to contest his verdict. He was originally sentenced to 9 years in prison, a sentence enhanced on Thursday to 10 years.

The chief prosecutor, Dominique Sie, had argued he should serve twelve years, because he “completely denies to take any accountability”.

Evidence Presented

Dogan had initially sent Dominique Pelicot inappropriate pictures and then traveled an hour from his residence in the region to rape the victim, after informing his wife he was going out, the evidence indicated.

Pelicot, who was transported from segregation in prison to temporarily give evidence at the hearing, stated to the court that Dogan had known his wife had been “drugged” 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 central issue for a wider discussion on sexual violence norms in society as Dogan continued to assert he was not guilty and had not engaged in violation, contending that because the victim's husband had invited him into the room, his actions had been permissible.

The jury in the higher court was displayed recorded footage of the victim's unresponsive form, sedated and breathing heavily in a comatose state, while a smiling Dogan performed assault on several occasions over a duration of what authorities reported was three and a half hours. The court official said she had been at peril of death by suffocation. The state's case said there was absolute certainty that she had been incapacitated and had not given permission.

Defendant's Statements

Dogan informed the court the footage were simply “intimate moments” and rejected it was assault. He said what he did was “a sexual act”, not assault. He told the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had brought him to the home, and therefore it was permissible. He said he was influenced by Dominique Pelicot. “I tried to halt,” Dogan informed the court. “I continued because he convinced me.”

Inquired if he wanted to make a last words to the court, the defendant said: “I never wanted to injure that lady.”

Survivor's Statement

Gisèle Pelicot, who was applauded upon exiting the courtroom each day by onlookers gathered to stand with her, addressed the defendant in court: “You fail to comprehend. When will you admit you violated me? It is unlawful to assault an unaware woman. At what point did I give you agreement? At no time.”

Gisèle Pelicot, seventy-two, became an international feminist hero after she gave up her right to privacy in the trial last year when she said: “The shame should shift.”

Prosecutor's Remarks

The prosecutor, addressing the victim in court, said Dogan’s unwillingness to take responsibility showed that: “Guilt has not shifted. The public is possibly in the midst of that, maybe motivated by the societal understanding spurred by the revelation of your case.”

The prosecutor said the defendant's claims of non-guilt showed how normalized violence was still common in society as part of “archaic” forms of “male domination”. He said: “Now we must change the culture of violence to a ethos of permission.”

The prosecutor addressed Dogan: “As long as you refuse to admit it, it’s not just a individual, it’s an whole sordid societal structure that you are supporting.”

Biographical Details

The accused was originated from the country of Turkey and at the age of 5 relocated to the nation of France, where his parent worked as a building manager. The court heard that his father was violent and that the defendant began smoking cannabis aged 10. When Dogan was seventeen he was apprehended by authorities for dealing drugs and his parent kicked him out of home. He served time in prison for trafficking in his early 20s and had worked as a construction worker but had faced periods of being unhoused.

He was married and had a son with special needs, who he was the main caregiver for, as his wife worked in a educational cafeteria. The testimony revealed his wife did not know he had repeated intimate relations beyond their marriage. His legal team said this was his strategy for managing with his challenging existence. The defendant had informed a mental health expert that once a year he looked for commercial sex on his special day. His legal representatives told the court he had arthritis triggered by the anxiety of the first trial.