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

Appeal Trial

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

A panel of four women and five men, accompanied by three judges, convicted Dogan on Thursday of sexually assaulting the victim in her bedroom in southern France in the early hours of June 29, 2019.

The court heard that Dogan, a married father, connected with the victim's then husband, Dominique Pelicot, in an online chatroom named “unbeknownst to her”, where Pelicot was recruiting men to visit his house to rape his wife after he had rendered her unconscious into a unconscious state.

“We hope the jury will affirm that in this country, fundamental rights are also rights of women – that agreement is individual, not delegated,” declared Gisèle Pelicot’s attorney, Antoine Camus. “Agreement is secured directly and not by proxy from a spouse.”

Case History

The husband, a notorious sexual predators in recent French history, was given a prison term to twenty years in prison last year for sedating his then wife and soliciting numerous individuals to sexually assault her in her home in the town of Mazan over a period of many years of their marriage.

Fifty other men were found culpable in a notable trial last year, and the appellant was the only man to appeal against his verdict. He was first given a sentence to 9 years in prison, a punishment enhanced on Thursday to ten years.

The chief prosecutor, the prosecutor, had contended he should serve 12 years, because he “stubbornly rejects to take any responsibility”.

Testimony and Proof

Dogan had first sent Dominique Pelicot sexually explicit photos and then driven an hour from his residence in Provence to assault Gisèle Pelicot, after telling his wife he was leaving, the court heard.

The ex-husband, who was brought from isolation in prison to temporarily give evidence at the appeal trial, informed the court that the accused had understood his wife had been “sedated” and he told to men by phone: “I want someone to abuse my wife after I’ve sedated her unbeknownst to her.”

The courtroom became a central issue for a wider discussion on societal attitudes in society as the defendant continued to say he was innocent and had not perpetrated assault, stating that because the victim's husband had welcomed him into the residence, his conduct had been permissible.

The jury in the Nîmes appeals court was shown recorded footage of Gisèle Pelicot’s unresponsive form, sedated and snoring in a deep sleep, while a grinning the perpetrator committed rape repeatedly over a period of what police said was several hours. The presiding judge said she had been at danger of fatal outcome by choking. The state's case said there was no doubt that she had been unconscious and had not consented.

Defendant's Statements

Dogan informed the court the recordings were simply “sexual encounters” and disputed it was violation. He said what he did was “an intimate behavior”, not rape. He told the court: “I never raped.” He said Gisèle Pelicot’s husband had brought him to the residence, and therefore it was acceptable. He said he was manipulated by Dominique Pelicot. “I tried to halt,” Dogan informed the court. “I carried on because he reassured me.”

Inquired if he wanted to make a final statement to the court, Dogan said: “I did not intend to injure that individual.”

Pelicot's Words

The victim, who was applauded upon leaving court each day by onlookers gathered to support her, said to Dogan in court: “You do not grasp. When will you admit you raped me? It is unlawful to assault an unconscious woman. At what point did I give you permission? Not once.”

The victim, seventy-two, became an global icon after she gave up her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”

Legal Commentary

Sie, addressing Gisèle Pelicot in court, said Dogan’s unwillingness to take accountability showed that: “Shame has not yet changed sides. The public is perhaps in the course of that, maybe driven by the societal understanding resulting from the publication of your ordeal.”

Sie said the defendant's claims of innocence showed how normalized violence was still widespread in society as part of “archaic” forms of “gender-based power”. He said: “It is imperative to change the culture of violence to a society based on agreement.”

The prosecutor told Dogan: “While you refuse to admit it, it’s not just a individual, it’s an complete unpleasant social system that you are endorsing.”

Personal History

Dogan was born in the country of Turkey and at the age of five relocated to the nation of France, where his father worked as a caretaker. The court heard that his father was abusive and that the defendant began using drugs aged ten. When Dogan was 17 he was stopped by police for drug trafficking and his father forced him to leave the residence. He served time in prison for narcotics offenses in his early 20s and had worked as a builder but had faced periods of living on the streets.

He was married and had a son with Down’s syndrome, who he was the principal carer for, as his wife worked in a institution's dining hall. The court heard his wife did not know he had frequent sexual encounters outside their union. His legal team said this was his strategy for managing with his stressful life. Dogan had told a court psychologist that annually he looked for paid sex on his special day. His legal representatives informed the court he had arthritis caused by the pressure of the initial proceedings.