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An individual has been found guilty on appeal of raping Gisele Pelicot after she was rendered comatose by her husband – and received his prison sentence increased to ten years.

Higher Court Case

Husamettin Dogan, 44, an unemployed builder, who had contested his initial guilty verdict last year, experienced a retrial this week at the Nîmes court of appeal.

A panel of nine jurors, sitting with three judges, convicted Dogan on Thursday of raping the victim in her residence in Provence in the early hours of June 29, 2019.

The court heard that Dogan, a married father, made contact with Gisèle Pelicot’s spouse, Dominique Pelicot, in an online chatroom named “without her knowledge”, where the husband was seeking men to visit his house to rape his wife after he had drugged her into a deep sleep.

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

Case History

The husband, one of the worst sex offenders in modern French history, was sentenced to two decades in prison last year for sedating his then wife and bringing in numerous individuals to rape her in her home in the Provence village of the village of Mazan over a span of almost a decade of their union.

Numerous other individuals were found culpable in a widely publicized trial last year, and Dogan was the single defendant to appeal against his conviction. He was originally given a sentence to nine years in prison, a penalty raised on Thursday to ten years.

The lead state prosecutor, Dominique Sie, had contended he should serve twelve years, because he “stubbornly rejects to take any accountability”.

Courtroom Details

Dogan had first sent Dominique Pelicot graphic images and then driven an hour from his town in the region to rape the victim, after informing his wife he was going out, the evidence indicated.

The ex-husband, who was transported from isolation in prison to temporarily give evidence at the hearing, stated to the court that the accused had understood his wife had been “incapacitated” and he communicated to men by phone: “I’m looking for someone to assault my wife after I’ve sedated her unbeknownst to her.”

The proceedings became a focus point for a broader debate on sexual violence norms in society as the defendant continued to say he was blameless and had not engaged in violation, contending that because Gisèle Pelicot’s husband had invited him into the residence, his conduct had been acceptable.

The panel in the higher court was presented with video evidence of Gisèle Pelicot’s limp body, comatose and snoring in a unconscious condition, while a smiling Dogan committed rape on several occasions over a timeframe of what police said was three and a half hours. The presiding judge said she had been at danger of death by suffocation. The state prosecution said there was absolute certainty that she had been unconscious and had not consented.

Dogan's Claims

The defendant told the court the videos were simply “sexual encounters” and denied it was rape. He said what he did was “an intimate behavior”, not assault. He declared the court: “I never raped.” He said Gisèle Pelicot’s husband had invited him to the house, and therefore it was permissible. He said he was deceived by the husband. “I tried to halt,” Dogan told the court. “I carried on because he persuaded me.”

Questioned if he wanted to make a closing remarks to the court, the defendant said: “I did not intend to harm that individual.”

Survivor's Statement

The victim, who was supported upon leaving court each day by supporters gathered to stand with her, told Dogan in court: “You fail to comprehend. When are you going to recognise you violated me? It is illegal to assault an unconscious woman. At what point did I give you agreement? Not once.”

The victim, seventy-two, 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 course of that, maybe driven by the societal understanding spurred by the revelation of your ordeal.”

Sie said the defendant's claims of non-guilt showed how societal tolerance was still prevalent in society as part of “old-fashioned” forms of “male domination”. He said: “It is imperative to change the culture of violence to a culture of consent.”

The prosecutor said to Dogan: “While you deny it, it’s not just a individual, it’s an entire unpleasant social system that you are endorsing.”

Defendant's Background

The accused was originated from the country of Turkey and at the age of five relocated to the nation of France, where his parent worked as a caretaker. The court heard that his father was violent and that Dogan began using drugs at the age of ten. When Dogan was 17 he was stopped by police for selling narcotics and his father forced him to leave the residence. He served time in prison for narcotics offenses in his young adulthood and had worked as a builder but had experienced periods of homelessness.

He was wed and had a child with Down’s syndrome, who he was the main caregiver for, as his wife worked in a school canteen. The court heard his spouse did not know he had frequent sexual encounters outside their marriage. His defence said this was his strategy for managing with his challenging existence. Dogan had informed a court psychologist that annually he sought paid sex on his birthday. His lawyers stated to the court he had arthritis triggered by the stress of the initial proceedings.