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An individual was declared guilty on higher court review of raping Gisele Pelicot following she was rendered comatose by her spouse – and was given his jail term raised to ten years.

Retrial Proceedings

Husamettin Dogan, 44, an unemployed builder, who had challenged his initial guilty verdict last year, underwent a appeal hearing this week at the higher court in Nîmes.

A jury of five men and four women, sitting with three judges, ruled against Dogan on Thursday of raping the victim in her home in southern France in the early hours of June 29, 2019.

The court heard that Dogan, a family man, connected with Gisèle Pelicot’s spouse, Dominique Pelicot, in an internet forum named “unbeknownst to her”, where the husband was seeking men to enter his residence to rape his wife after he had rendered her unconscious into a comatose state.

We trust the court will say loud and clear that in this country, fundamental rights are also rights of women – that agreement is individual, not given by another,” said the victim's attorney, Antoine Camus. “Agreement is obtained personally and not by proxy from a spouse.”

Case History

The ex-husband, one of the worst sex offenders in France's contemporary records, was given a prison term to 20 years in prison last year for sedating his spouse and bringing in dozens of men to sexually assault her in her home in the town of the village of Mazan over a duration of nearly ten years of their union.

Dozens of additional defendants were found convicted in a high-profile trial last year, and Dogan was the sole individual to contest his conviction. He was initially handed a term to nine years in prison, a sentence raised on Thursday to 10 years.

The state's attorney, the prosecutor, had contended he should serve twelve years, because he “completely denies to take any accountability”.

Testimony and Proof

Dogan had initially sent Dominique Pelicot inappropriate pictures and then traveled an hour from his residence in Provence to rape Gisèle Pelicot, after informing his wife he was stepping out, the evidence indicated.

The ex-husband, who was transported from solitary confinement in prison to briefly give evidence at the hearing, told the court that the accused had known his wife had been “drugged” and he communicated to men by phone: “I want someone to assault my wife after I’ve rendered her unconscious unbeknownst to her.”

The proceedings became a focus point for a wider discussion on rape culture in society as the defendant continued to say he was not guilty and had not committed rape, arguing that because Gisèle Pelicot’s husband had welcomed him into the room, his conduct had been justifiable.

The panel in the higher court was presented with video evidence of the victim's unconscious figure, unconscious and breathing heavily in a comatose state, while a grinning Dogan performed assault multiple times over a period of what authorities reported was three and a half hours. The judge said she had been at risk of fatal outcome by asphyxiation. The state's case said there was no doubt that she had been incapacitated and had not consented.

Accused's Testimony

Dogan told the court the videos were simply “sex scenes” and rejected it was assault. He said what he did was “a sexual act”, not assault. He declared the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had allowed him to the home, and therefore it was acceptable. He said he was deceived by the husband. “I attempted to cease,” Dogan informed the court. “I carried on because he convinced me.”

Questioned if he wanted to make a final statement to the court, the defendant said: “I did not intend to hurt that lady.”

Survivor's Statement

Gisèle Pelicot, who was cheered upon departing the trial each day by onlookers present to stand with her, said to Dogan in court: “You haven’t understood. When will you admit you violated me? It is unlawful to assault an unaware woman. How could I have give you agreement? Never.”

Gisèle Pelicot, 72, became an symbol of resistance after she waived her right to confidentiality in the trial last year when she said: “Shame must change sides.”

State's Argument

Sie, turning to Gisèle Pelicot in court, said Dogan’s unwillingness to take responsibility showed that: “The shame remains. The community is possibly in the process of that, maybe motivated by the societal understanding spurred by the publication of your situation.”

The prosecutor said the defendant's claims of blamelessness showed how normalized violence was still widespread in society as part of “archaic” forms of “male domination”. He said: “We need to change the culture of violence to a culture of consent.”

The prosecutor addressed Dogan: “As long as you refuse to admit it, it’s not just a woman, it’s an entire sordid cultural framework that you are upholding.”

Defendant's Background

The accused was originated from the country of Turkey and at the age of 5 relocated to France, where his father worked as a concierge. The testimony revealed that his father was aggressive and that Dogan began smoking cannabis aged 10. When he was 17 he was apprehended by police for drug trafficking and his parent forced him to leave the family house. He was incarcerated in prison for drug dealing in his young adulthood and had worked as a laborer but had experienced periods of living on the streets.

He was wed and had a son with Down’s syndrome, who he was the main caregiver for, as his wife worked in a school canteen. The evidence showed his spouse did not know he had frequent intimate relations beyond their union. His legal team said this was his strategy for managing with his challenging existence. The defendant had informed a court psychologist that each year he looked for transactional encounters on his birthday. His attorneys stated to the court he had a medical condition resulting from the stress of the first trial.