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An individual has been found guilty on higher court review of raping Gisèle Pelicot following she was rendered comatose by her spouse – and has had his jail term increased to 10 years.

Higher Court Case

Husamettin Dogan, 44, an out-of-work construction worker, who had challenged his initial guilty verdict last year, underwent a new trial this week at the appeals court in Nîmes.

A panel of four women and five men, joined by three judges, found Dogan guilty on Thursday of raping the victim in her home in southern France in the early hours of 29 June 2019.

The court heard that the accused, a married father, made contact with Gisèle Pelicot’s spouse, Dominique Pelicot, in an digital platform called “without her knowledge”, where the husband was looking for men to enter his residence to assault his wife after he had drugged her into a comatose state.

We trust the court will declare that in this country, human rights are also women’s rights – that permission is personal, not given by another,” stated Gisèle Pelicot’s attorney, Antoine Camus. “Agreement is secured directly and not through someone else from a spouse.”

Case History

The husband, a notorious sex offenders in France's contemporary records, was given a prison term to 20 years in prison last year for drugging his wife at the time and soliciting multiple perpetrators to rape her in her home in the town of Mazan over a duration of nearly ten years of their marriage.

Numerous other individuals were found guilty in a widely publicized trial last year, and Dogan was the single defendant to challenge his verdict. He was first sentenced to nine years in prison, a sentence enhanced on Thursday to a decade.

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

Courtroom Details

Dogan had initially sent Dominique Pelicot graphic images and then driven an hour from his village in the region to assault Gisèle Pelicot, after informing his wife he was leaving, the testimony revealed.

Pelicot, who was brought from solitary confinement in prison to briefly testify at the appeal trial, told the court that Dogan had understood his wife had been “incapacitated” and he told to men by phone: “I seek someone to violate my wife after I’ve rendered her unconscious unbeknownst to her.”

The courtroom became a focus point for a larger conversation on societal attitudes in society as Dogan continued to say he was not guilty and had not committed rape, arguing that because Gisèle Pelicot’s husband had invited him into the residence, his actions had been acceptable.

The panel in the higher court was presented with visual proof of the victim's limp body, unconscious and breathing heavily in a unconscious condition, while a smiling Dogan committed rape on several occasions over a duration of what authorities reported was 3.5 hours. The court official said she had been at danger of death by asphyxiation. The state prosecution said there was no doubt that she had been unconscious and had not consented.

Accused's Testimony

The defendant stated to the court the recordings were simply “sex scenes” and disputed it was assault. He said what he did was “a sexual act”, not assault. He stated the court: “I never raped.” He said Gisèle Pelicot’s husband had brought him to the home, 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 reassured me.”

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

Victim's Response

The survivor, who was applauded upon exiting the courtroom each day by supporters gathered to support her, said to the defendant in court: “You haven’t understood. When will you acknowledge you violated me? It is unlawful to assault an unaware woman. At what point did I give you permission? Never.”

Gisèle Pelicot, 72, became an global icon after she waived her right to privacy in the trial last year when she said: “Shame must change sides.”

Legal Commentary

The prosecutor, addressing the victim in court, said the defendant's unwillingness to take responsibility showed that: “Guilt has not shifted. Society is perhaps in the midst of that, perhaps driven by the collective awareness resulting from the exposure of your case.”

Sie said Dogan’s claims of blamelessness showed how rape culture was still common in society as part of “outdated” forms of “patriarchal control”. He said: “It is imperative to change the culture of violence to a ethos of permission.”

Sie told the defendant: “While you refuse to admit it, it’s not just a woman, it’s an complete unpleasant societal structure that you are upholding.”

Defendant's Background

The accused was originated from Turkey and at the age of 5 came to France, where his father worked as a building manager. The evidence indicated that his father was violent and that the defendant began smoking cannabis aged ten. When Dogan was 17 he was caught by police for drug trafficking and his father kicked him out of home. He served time in prison for narcotics offenses in his young adulthood and had worked as a construction worker but had faced periods of homelessness.

He was wed and had a son with special needs, who he was the principal carer for, as his spouse worked in a educational cafeteria. The court heard his spouse did not know he had regular extramarital activities beyond their union. His defence said this was his method of dealing with his difficult circumstances. The defendant had informed a mental health expert that annually he looked for commercial sex on his birthday. His legal representatives informed the court he had arthritis resulting from the pressure of the original case.