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An individual was convicted on appeal of raping Gisèle Pelicot following she was rendered comatose by her spouse – and has had his prison sentence increased to ten years.

Appeal Trial

Husamettin Dogan, forty-four, an out-of-work construction worker, who had appealed his first conviction last year, faced a new trial this week at the higher court in Nîmes.

A panel of four women and five men, joined by three judges, found Dogan guilty on Thursday of sexually assaulting the victim in her residence in Provence in the morning of 29 June 2019.

The testimony revealed that Dogan, a family man, made contact with the victim's then husband, the husband, in an internet forum called “without her consent”, where the husband was looking for men to enter his residence to rape his wife once he had sedated her into a comatose state.

“We hope the court will say loud and clear that in this society, human rights are also rights of women – that permission is individual, not transferred,” declared the victim's lawyer, her legal representative. “Agreement is received personally and not through someone else from a husband.”

Case History

Dominique Pelicot, among the most severe sex offenders in recent French history, was handed a sentence to two decades in prison last year for drugging his spouse and soliciting dozens of men to rape her in her home in the town of Mazan over a duration of nearly ten years of their marriage.

Dozens of additional defendants were found culpable in a widely publicized trial last year, and the appellant was the only man to contest his conviction. He was first given a sentence to 9 years in prison, a punishment enhanced on Thursday to a decade.

The chief prosecutor, Dominique Sie, had argued he should serve 12 years, because he “completely denies to take any responsibility”.

Testimony and Proof

The defendant had first sent the husband inappropriate pictures and then driven an hour from his village in the region to rape the victim, after telling his wife he was going out, the evidence indicated.

The ex-husband, who was brought from segregation in prison to briefly testify at the appeal trial, informed the court that Dogan had been aware his wife had been “sedated” and he told to men by phone: “I seek someone to abuse my wife after I’ve sedated her without her consent.”

The trial became a central issue for a larger conversation on sexual violence norms in society as Dogan continued to say he was innocent and had not perpetrated assault, contending that because the victim's husband had invited him into the bedroom, his behavior had been acceptable.

The panel in the Nîmes appeals court was shown video evidence of Gisèle Pelicot’s unresponsive form, sedated and breathing heavily in a unconscious condition, while a smiling the perpetrator committed rape multiple times over a timeframe of what police said was several hours. The presiding judge said she had been at danger of fatal outcome by suffocation. The state prosecution said there was absolute certainty that she had been incapacitated and had not given permission.

Accused's Testimony

The defendant informed the court the videos were simply “intimate moments” and disputed it was assault. He said what he did was “a consensual activity”, not rape. He told the court: “I am innocent of assault.” He said the victim's husband had allowed him to the home, and therefore it was OK. He said he was manipulated by Dominique Pelicot. “I wanted to stop,” Dogan stated to the court. “I continued because he reassured me.”

Inquired if he wanted to make a last words to the court, Dogan said: “I did not intend to hurt that woman.”

Victim's Response

Gisèle Pelicot, who was cheered upon departing the trial each day by supporters gathered to stand with her, told Dogan in court: “You do not grasp. When will you acknowledge you assaulted me? It’s a crime to rape an unaware woman. At what point did I give you agreement? Not once.”

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

State's Argument

Sie, addressing Gisèle Pelicot in court, said Dogan’s failure to take blame showed that: “The shame remains. The community is possibly in the course of that, possibly driven by the public consciousness spurred by the publication of your ordeal.”

The prosecutor said Dogan’s claims of non-guilt showed how rape culture was still prevalent in society as part of “archaic” forms of “patriarchal control”. He said: “It is imperative to change the culture of violence to a culture of consent.”

The prosecutor told Dogan: “While you refuse to admit it, it’s not just a person, it’s an whole unpleasant societal structure that you are endorsing.”

Personal History

Dogan was originated from the country of Turkey and at the age of 5 relocated to France, where his father worked as a building manager. The testimony revealed that his parent was aggressive and that the defendant began consuming marijuana aged 10. When Dogan was 17 he was apprehended by authorities for dealing drugs and his parent kicked him out the family house. He spent time in prison for drug dealing in his young adulthood and had worked as a construction worker but had undergone periods of living on the streets.

He was married and had a son with special needs, who he was the main caregiver for, as his spouse worked in a educational cafeteria. The testimony revealed his wife did not know he had frequent intimate relations beyond their union. His defence said this was his way of coping with his difficult circumstances. Dogan had informed a mental health expert that annually he looked for transactional encounters on his birthday. His lawyers told the court he had a medical condition resulting from the anxiety of the original case.