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An individual was convicted on appeal of raping Gisele Pelicot following she was rendered comatose by her then-husband – and received his jail term increased to ten years.

Higher Court Case

Husamettin Dogan, 44, an out-of-work construction worker, who had appealed his initial guilty verdict last year, faced a new trial 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 raping the victim in her home in the south of France in the early hours of 29 June 2019.

The court heard that Dogan, a family man, made contact with Gisèle Pelicot’s spouse, the husband, in an internet forum called “unbeknownst to her”, where Pelicot was recruiting men to enter his residence to rape his wife once he had drugged her into a unconscious state.

“We hope the jury will declare that in this nation, fundamental rights are also rights of women – that agreement is personal, not transferred,” said Gisèle Pelicot’s attorney, Antoine Camus. “Agreement is obtained directly and not via a representative from a spouse.”

Case History

Dominique Pelicot, a notorious sex offenders in recent French history, was given a prison term to 20 years in prison last year for drugging his wife at the time and bringing in numerous individuals to sexually assault her in her home in the Provence village of Mazan over a span of nearly ten years of their union.

Dozens of additional defendants were found guilty in a notable trial last year, and Dogan was the sole individual to contest his verdict. He was originally sentenced to nine years in prison, a penalty enhanced on Thursday to a decade.

The lead state prosecutor, Dominique Sie, had contended he should serve 12 years, because he “completely denies to take any blame”.

Testimony and Proof

Dogan had initially sent Dominique Pelicot sexually explicit photos and then driven an hour from his town in the region to rape the victim, after telling his wife he was leaving, the evidence indicated.

The ex-husband, who was brought from segregation in prison to temporarily testify at the hearing, informed the court that the accused had understood his wife had been “incapacitated” and he communicated to men by phone: “I seek someone to violate my wife after I’ve rendered her unconscious unbeknownst to her.”

The trial became a central issue for a wider discussion on societal attitudes in society as Dogan continued to assert he was not guilty and had not engaged in violation, arguing that because Gisèle Pelicot’s husband had welcomed him into the room, his behavior had been acceptable.

The jury in the higher court was displayed visual proof of the victim's unresponsive form, sedated and breathing heavily in a comatose state, while a smiling Dogan performed assault repeatedly over a period of what investigators stated was several hours. The court official said she had been at danger of death by choking. The prosecution said there was no doubt that she had been incapacitated and had not agreed.

Defendant's Statements

Dogan informed the court the videos were simply “intimate moments” and disputed it was assault. He said what he did was “an intimate behavior”, not assault. He declared the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had invited him to the house, and therefore it was permissible. He said he was deceived by Dominique Pelicot. “I attempted to cease,” Dogan told the court. “I carried on because he convinced me.”

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

Victim's Response

The survivor, who was supported upon leaving court each day by onlookers assembled to back her, said to Dogan in court: “You do not grasp. When will you admit you violated me? It’s a crime to rape an incapacitated woman. At what point did I give you permission? Not once.”

Gisèle Pelicot, 72, became an symbol of resistance after she gave up her right to anonymity in the trial last year when she said: “The shame should shift.”

Prosecutor's Remarks

Sie, addressing the victim in court, said the defendant's unwillingness to take responsibility showed that: “Shame has not yet changed sides. The community is maybe in the process of that, perhaps propelled by the societal understanding brought by the exposure of your case.”

Sie said Dogan’s claims of blamelessness showed how normalized violence was still common in society as part of “old-fashioned” forms of “patriarchal control”. He said: “We need to change the culture of violence to a culture of consent.”

The prosecutor addressed the defendant: “For as much as you reject it, it’s not just a woman, it’s an whole unpleasant societal structure that you are endorsing.”

Defendant's Background

Dogan was originated from the country of Turkey and at the age of five came to France, where his father worked as a concierge. The evidence indicated that his parent was abusive and that the defendant began using drugs aged ten. When Dogan was seventeen he was caught by police for selling narcotics and his father forced him to leave the family house. He served time in prison for drug dealing in his early 20s and had worked as a builder but had undergone periods of living on the streets.

He was wed and had a son with a genetic condition, who he was the primary guardian for, as his spouse worked in a institution's dining hall. The evidence showed his wife did not know he had frequent sexual encounters beyond their marriage. His defence said this was his way of coping with his stressful life. Dogan had told a mental health expert that annually he looked for commercial sex on his birthday. His legal representatives informed the court he had arthritis caused by the stress of the original case.