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A man was convicted on higher court review of sexually assaulting Gisèle Pelicot after she was rendered comatose by her then-husband – and received his jail term extended to a decade.

Higher Court Case

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

A panel of nine jurors, accompanied by three judges, found Dogan guilty on Thursday of raping Pelicot in her home in southern France in the morning of 29 June 2019.

The court heard that Dogan, a married father, reached out to Gisèle Pelicot’s husband at the time, the husband, in an internet forum titled “unbeknownst to her”, where the husband was seeking men to enter his residence to rape his wife once he had drugged her into a comatose state.

“We hope the court will declare that in this society, fundamental rights are also rights of women – that agreement is individual, not given by another,” stated the victim's attorney, her legal representative. “Agreement is secured personally and not via a representative from a husband.”

Case History

The ex-husband, a notorious sexual predators in France's contemporary records, was sentenced to twenty years in prison last year for drugging his wife at the time and bringing in dozens of men to sexually assault her in her home in the Provence village of Mazan over a duration of almost a decade of their marriage.

Numerous other individuals were found culpable in a notable trial last year, and Dogan was the single defendant to appeal against his conviction. He was first given a sentence to nine years in prison, a penalty raised on Thursday to 10 years.

The chief prosecutor, Dominique Sie, had stated he should serve twelve years, because he “stubbornly rejects to take any blame”.

Courtroom Details

The defendant had initially sent Dominique Pelicot sexually explicit photos and then driven an hour from his town in Provence to assault the victim, after telling his wife he was stepping out, the court heard.

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

The trial became a key topic for a wider discussion on societal attitudes in society as the defendant continued to say he was blameless and had not committed rape, arguing that because Gisèle Pelicot’s husband had welcomed him into the residence, his behavior had been permissible.

The panel in the higher court was shown visual proof of the victim's unconscious figure, unconscious and snoring in a deep sleep, while a grinning the perpetrator performed assault repeatedly over a period of what investigators stated was three and a half hours. The presiding judge said she had been at risk of fatal outcome by suffocation. The state prosecution said there was no doubt that she had been unaware and had not consented.

Accused's Testimony

Dogan informed the court the footage were simply “sex scenes” and rejected it was violation. He said what he did was “an intimate behavior”, not rape. He stated the court: “I never raped.” He said Gisèle Pelicot’s husband had brought him to the home, and therefore it was OK. He said he was deceived by the husband. “I tried to halt,” the accused informed the court. “I proceeded because he persuaded me.”

Inquired if he wanted to make a closing remarks to the court, the defendant said: “I did not intend to hurt that lady.”

Victim's Response

Gisèle Pelicot, who was supported upon departing the trial each day by crowds present to support her, said to the defendant in court: “You do not grasp. When will you acknowledge you raped me? It is unlawful to rape an unaware woman. When did I ever give you agreement? Never.”

Gisèle Pelicot, 72, became an symbol of resistance after she waived her right to anonymity in the trial last year when she said: “Guilt ought to transfer.”

Legal Commentary

The prosecutor, addressing the victim in court, said Dogan’s unwillingness to take blame showed that: “The shame remains. The community is perhaps in the course of that, perhaps motivated by the societal understanding resulting from the exposure of your situation.”

Sie said the defendant's claims of innocence showed how rape culture was still common in society as part of “outdated” forms of “patriarchal control”. He said: “Now we must change the culture of violence to a society based on agreement.”

The prosecutor addressed the defendant: “For as much as you reject it, it’s not just a individual, it’s an entire disturbing societal structure that you are supporting.”

Personal History

Dogan was originated from the country of Turkey and at the age of five moved to the nation of France, where his parent worked as a building manager. The testimony revealed that his father was aggressive and that the defendant began smoking cannabis aged ten. When Dogan was 17 he was caught by authorities for selling narcotics and his parent kicked him out the residence. He spent time in prison for drug dealing in his early 20s and had worked as a laborer but had undergone periods of living on the streets.

He was wed and had a son with a genetic condition, who he was the principal carer for, as his spouse worked in a school canteen. The evidence showed his spouse did not know he had frequent intimate relations beyond their marriage. His defence said this was his strategy for managing with his stressful life. The defendant had informed a mental health expert that once a year he looked for transactional encounters on his special day. His legal representatives stated to the court he had arthritis triggered by the pressure of the original case.