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A defendant was declared guilty on appeal of raping Gisele Pelicot after she was rendered comatose by her then-husband – and was given his incarceration period increased to a decade.

Appeal Trial

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

A panel of four women and five men, sitting with three judges, found Dogan guilty on Thursday of sexually assaulting Pelicot in her home in Provence in the morning of June 29, 2019.

The court heard that Dogan, a family man, made contact with the victim's husband at the time, the husband, in an internet forum named “unbeknownst to her”, where the husband was looking for men to visit his house to rape his wife after he had rendered her unconscious into a deep sleep.

“We hope the panel will declare that in this society, human rights are also rights of women – that permission is personal, not delegated,” said Gisèle Pelicot’s attorney, her legal representative. “Agreement is obtained directly and not through someone else from a spouse.”

Case History

The husband, among the most severe sexual predators in France's contemporary records, was handed a sentence to two decades in prison last year for drugging his spouse and bringing in numerous individuals to sexually assault her in her home in the town of Mazan over a period of nearly ten years of their union.

Numerous other individuals were found guilty in a high-profile trial last year, and the appellant was the only man to appeal against his conviction. He was first handed a term to nine years in prison, a punishment raised on Thursday to 10 years.

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

Courtroom Details

Dogan had initially sent Dominique Pelicot inappropriate pictures and then traveled an hour from his town in Provence to assault the victim, after telling his wife he was going out, the court heard.

The ex-husband, who was brought from isolation in prison to temporarily give evidence at the retrial, stated to the court that Dogan had been aware his wife had been “drugged” and he told to men by phone: “I want someone to assault my wife after I’ve rendered her unconscious without her knowledge.”

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

The panel in the higher court was presented with recorded footage of Gisèle Pelicot’s limp body, sedated and breathing heavily in a unconscious condition, while a grinning Dogan performed assault repeatedly over a timeframe of what police said was several hours. The judge said she had been at danger of death by choking. The state's case said there was no question that she had been unconscious and had not given permission.

Defendant's Statements

Dogan informed the court the recordings were simply “sexual encounters” and disputed it was rape. He said what he did was “a sexual act”, not assault. He told the court: “I never raped.” He said Gisèle Pelicot’s husband had brought him to the house, and therefore it was OK. He said he was deceived by the husband. “I tried to halt,” the accused informed the court. “I carried on because he reassured me.”

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

Pelicot's Words

The survivor, who was cheered upon exiting the courtroom each day by onlookers gathered to back her, told the defendant in court: “You haven’t understood. When will you acknowledge you raped me? It’s a crime to assault an unaware woman. At what point did I give you agreement? Not once.”

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

Legal Commentary

Sie, turning to Gisèle Pelicot in court, said Dogan’s unwillingness to take accountability showed that: “Shame has not yet changed sides. The community is maybe in the process of that, possibly driven by the societal understanding brought by the publication of your case.”

Sie said Dogan’s claims of innocence showed how societal tolerance was still prevalent in society as part of “old-fashioned” forms of “male domination”. He said: “Now we must change rape culture to a culture of consent.”

Sie addressed Dogan: “While you reject it, it’s not just a woman, it’s an whole unpleasant social system that you are endorsing.”

Biographical Details

Dogan was born in the country of Turkey and at the age of 5 relocated to France, where his parent worked as a concierge. The court heard that his father was abusive and that the defendant began using drugs at the age of 10. When Dogan was 17 he was caught by police for dealing drugs and his parent forced him to leave the residence. He served time in prison for drug dealing in his twenties and had worked as a builder but had undergone periods of being unhoused.

He was married and had a child with special needs, who he was the primary guardian for, as his spouse worked in a school canteen. The testimony revealed his spouse did not know he had regular intimate relations beyond their marriage. His defence said this was his way of coping with his stressful life. The defendant had informed a mental health expert that once a year he looked for paid sex on his special day. His attorneys told the court he had a medical condition caused by the stress of the original case.