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A defendant was convicted on higher court review of sexually assaulting Gisèle Pelicot following she was rendered comatose by her spouse – and received his jail term extended to a decade.

Higher Court Case

Husamettin Dogan, forty-four, an unemployed builder, who had challenged his first conviction last year, underwent a retrial this week at the higher court in Nîmes.

A panel of five men and four women, accompanied by three judges, ruled against Dogan on Thursday of raping Pelicot in her residence in the south of France in the early hours of 29 June 2019.

The evidence showed that Dogan, a family man, reached out to Gisèle Pelicot’s husband at the time, Dominique Pelicot, in an online chatroom named “unbeknownst to her”, where the husband was seeking men to visit his house to rape his wife once he had rendered her unconscious into a unconscious state.

We trust the jury will affirm that in this nation, human rights are also women’s rights – that agreement is individual, not transferred,” declared the victim's lawyer, her legal representative. “Permission is obtained personally and not via a representative from a spouse.”

Case History

The husband, among the most severe sexual predators in modern French history, was sentenced to twenty years in prison last year for drugging his spouse and inviting dozens of men to rape her in her home in the Provence village of the village of Mazan over a period of many years of their union.

Dozens of additional defendants were found convicted in a high-profile trial last year, and the appellant was the single defendant to appeal against his verdict. He was originally given a sentence to 9 years in prison, a sentence enhanced on Thursday to 10 years.

The state's attorney, Dominique Sie, had contended he should serve twelve years, because he “completely denies to take any responsibility”.

Evidence Presented

Dogan had first sent the husband graphic images and then traveled an hour from his village in the region to rape Gisèle Pelicot, after telling his wife he was going out, the court heard.

The ex-husband, who was transported from isolation in prison to briefly give evidence at the appeal trial, stated to the court that Dogan had been aware his wife had been “sedated” and he communicated to men by phone: “I seek someone to abuse 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 say he was innocent and had not perpetrated assault, arguing that because the victim's husband had welcomed him into the room, his behavior had been acceptable.

The jury in the higher court was presented with recorded footage of Gisèle Pelicot’s unresponsive form, unconscious and breathing heavily in a comatose state, while a smiling Dogan engaged in violation repeatedly over a timeframe of what investigators stated was three and a half hours. The court official said she had been at risk of death by asphyxiation. The prosecution said there was no question that she had been incapacitated and had not consented.

Defendant's Statements

Dogan stated to the court the videos were simply “intimate moments” and disputed it was violation. He said what he did was “an intimate behavior”, not assault. He stated the court: “I never raped.” He said Gisèle Pelicot’s husband had allowed him to the residence, and therefore it was acceptable. He said he was influenced by the husband. “I attempted to cease,” Dogan informed the court. “I proceeded because he convinced me.”

Asked if he wanted to make a closing remarks to the court, the defendant said: “I had no desire to hurt that lady.”

Victim's Response

The victim, who was cheered upon exiting the courtroom each day by supporters gathered to stand with her, addressed Dogan in court: “You do not grasp. When are you going to recognise you assaulted me? It is illegal to rape an unconscious woman. When did I ever give you agreement? Never.”

The victim, seventy-two, became an global icon after she waived her right to anonymity in the trial last year when she said: “Shame must change sides.”

Legal Commentary

Sie, speaking to Gisèle Pelicot in court, said the defendant's unwillingness to take accountability showed that: “The shame remains. The community is maybe in the midst of that, maybe driven by the public consciousness resulting from the publication of your ordeal.”

Sie said Dogan’s claims of blamelessness showed how normalized violence was still prevalent in society as part of “archaic” forms of “patriarchal control”. He said: “It is imperative to change rape culture to a society based on agreement.”

Sie addressed Dogan: “For as much as you reject it, it’s not just a individual, it’s an complete unpleasant societal structure that you are supporting.”

Defendant's Background

Dogan was originated from the country of Turkey and at the age of 5 moved to France, where his parent worked as a caretaker. The court heard that his parent was abusive and that Dogan began consuming marijuana aged 10. When he was 17 he was apprehended by authorities for drug trafficking and his parent kicked him out the family house. He served time in prison for drug dealing in his early 20s and had worked as a laborer but had faced periods of being unhoused.

He was married and had a child with a genetic condition, who he was the main caregiver for, as his wife worked in a school canteen. The court heard his wife did not know he had repeated extramarital activities outside their marriage. His defence said this was his strategy for managing with his stressful life. Dogan had told a evaluator that once a year he looked for commercial sex on his birthday. His lawyers stated to the court he had arthritis triggered by the stress of the initial proceedings.