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A man was declared guilty on higher court review of sexually assaulting Gisèle Pelicot after she was rendered comatose by her then-husband – and was given his jail term increased to 10 years.

Higher Court Case

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

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

The evidence showed that Dogan, a family man, connected with the victim's husband at the time, the husband, in an internet forum called “unbeknownst to her”, where Pelicot was seeking men to visit his house to rape his wife once he had rendered her unconscious into a deep sleep.

“We hope the jury will affirm that in this country, fundamental rights are also women’s rights – that permission is personal, not transferred,” declared the victim's lawyer, Antoine Camus. “Agreement is received personally and not by proxy from a spouse.”

Background

The husband, one of the worst sexual predators in modern French history, was given a prison term to 20 years in prison last year for drugging his spouse and bringing in multiple perpetrators to sexually assault her in her home in the Provence village of Mazan over a duration of almost a decade of their union.

Dozens of additional defendants were found convicted in a high-profile trial last year, and Dogan was the single defendant to appeal against his sentence. He was first sentenced to 9 years in prison, a sentence increased on Thursday to ten years.

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

Testimony and Proof

Dogan had first sent the husband graphic images and then driven an hour from his village in Provence to assault Gisèle Pelicot, after telling his wife he was going out, the testimony revealed.

The ex-husband, who was brought from segregation in prison to briefly provide testimony at the retrial, stated to the court that Dogan had known his wife had been “drugged” and he told to men by phone: “I seek someone to abuse my wife after I’ve put her to sleep without her knowledge.”

The trial became a key topic for a wider discussion on sexual violence norms in society as Dogan continued to claim he was innocent and had not perpetrated assault, contending that because Gisèle Pelicot’s husband had welcomed him into the bedroom, his behavior had been permissible.

The panel in the higher court was shown visual proof of the victim's limp body, comatose and snoring in a deep sleep, while a smiling Dogan engaged in violation multiple times over a duration of what police said was three and a half hours. The court official said she had been at danger of fatal outcome by choking. The state prosecution said there was no question that she had been unaware and had not agreed.

Accused's Testimony

The defendant stated to the court the videos were simply “sex scenes” and rejected it was assault. He said what he did was “a sexual act”, not rape. He stated the court: “I never raped.” He said Gisèle Pelicot’s husband had invited him to the home, and therefore it was OK. He said he was deceived by Dominique Pelicot. “I wanted to stop,” the accused stated to the court. “I proceeded because he reassured me.”

Inquired if he wanted to make a final statement to the court, the defendant said: “I had no desire to injure that individual.”

Pelicot's Words

The survivor, who was supported upon exiting the courtroom each day by supporters gathered to back her, told the defendant in court: “You fail to comprehend. When will you acknowledge you violated me? It’s a crime to rape an unaware woman. How could I have give you agreement? Not once.”

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

State's Argument

The prosecutor, addressing the victim in court, said Dogan’s failure to take responsibility showed that: “Shame has not yet changed sides. Society is maybe in the process of that, possibly propelled by the public consciousness spurred by the publication of your situation.”

Sie said Dogan’s claims of non-guilt showed how rape culture was still widespread in society as part of “old-fashioned” forms of “patriarchal control”. He said: “It is imperative to change rape culture to a ethos of permission.”

Sie told Dogan: “While you refuse to admit it, it’s not just a woman, it’s an whole disturbing cultural framework that you are supporting.”

Defendant's Background

Dogan was born in Turkey and at the age of 5 relocated to France, where his parent worked as a concierge. The evidence indicated that his parent was aggressive and that Dogan began consuming marijuana aged ten. When he was 17 he was stopped by police for dealing drugs and his father kicked him out the residence. He was incarcerated in prison for narcotics offenses in his early 20s and had worked as a builder but had experienced periods of being unhoused.

He was wed and had a child with Down’s syndrome, who he was the main caregiver for, as his spouse worked in a school canteen. The evidence showed his spouse did not know he had frequent extramarital activities beyond their union. His legal team said this was his method of dealing with his stressful life. The defendant had stated to a evaluator that each year he sought paid sex on his birthday. His legal representatives informed the court he had a medical condition resulting from the anxiety of the original case.