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A man has been found guilty on higher court review of raping Gisele Pelicot following she was rendered comatose by her then-husband – and received his jail term increased to 10 years.

Higher Court Case

Husamettin Dogan, 44, an out-of-work construction worker, who had challenged his first conviction last year, faced a new trial 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 sexually assaulting Pelicot in her residence in southern France in the morning of June 29, 2019.

The court heard that the accused, a family man, connected with Gisèle Pelicot’s spouse, Dominique Pelicot, in an online chatroom named “without her consent”, where the husband was recruiting men to come to his home to assault his wife after he had drugged her into a deep sleep.

We expect the jury will declare that in this nation, human rights are also rights of women – that permission is personal, not delegated,” said the victim's attorney, Antoine Camus. “Permission is obtained personally and not by proxy from a spouse.”

Case History

The ex-husband, a notorious sexual predators in recent French history, was handed a sentence to two decades in prison last year for drugging his spouse and bringing in multiple perpetrators to rape her in her home in the community of Mazan over a period of almost a decade of their union.

Dozens of additional defendants were found culpable in a widely publicized trial last year, and the appellant was the only man to challenge his sentence. He was originally sentenced to nine years in prison, a punishment raised on Thursday to a decade.

The chief prosecutor, the prosecutor, had contended he should serve twelve years, because he “completely denies to take any responsibility”.

Courtroom Details

The defendant had initially sent Dominique Pelicot graphic images and then driven an hour from his residence in Provence to rape Gisèle Pelicot, after telling his wife he was leaving, the court heard.

Pelicot, who was brought from solitary confinement in prison to temporarily provide testimony at the hearing, informed the court that the accused had been aware his wife had been “drugged” and he told to men by phone: “I’m looking for someone to abuse my wife after I’ve sedated her unbeknownst to her.”

The courtroom became a key topic for a broader debate on societal attitudes in society as Dogan continued to say he was blameless and had not committed rape, arguing that because Gisèle Pelicot’s husband had allowed him into the bedroom, his actions had been permissible.

The panel in the higher court was shown visual proof of the victim's unconscious figure, unconscious and snoring in a comatose state, while a smiling the perpetrator performed assault repeatedly over a timeframe of what police said was several hours. The judge said she had been at risk of death by choking. The state prosecution said there was no doubt that she had been unaware and had not agreed.

Dogan's Claims

The defendant stated to the court the videos were simply “intimate moments” and denied it was violation. He said what he did was “a consensual activity”, not rape. He declared the court: “I never raped.” He said Gisèle Pelicot’s husband had brought him to the house, and therefore it was permissible. He said he was influenced by Dominique Pelicot. “I wanted to stop,” Dogan stated to the court. “I proceeded because he persuaded me.”

Inquired if he wanted to make a closing remarks to the court, Dogan said: “I never wanted to injure that woman.”

Survivor's Statement

The survivor, who was applauded upon leaving court each day by onlookers gathered to back her, said to the defendant in court: “You fail to comprehend. When will you admit you assaulted me? It’s a crime to assault an unconscious woman. At what point did I give you consent? At no time.”

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

Legal Commentary

The prosecutor, speaking to the victim in court, said the defendant's refusal to take blame showed that: “The shame remains. Society is maybe in the midst of that, possibly driven by the public consciousness resulting from the publication of your situation.”

Sie said the defendant's claims of blamelessness showed how normalized violence was still widespread in society as part of “old-fashioned” forms of “gender-based power”. He said: “It is imperative to change rape culture to a ethos of permission.”

The prosecutor addressed the defendant: “As long as you deny it, it’s not just a individual, it’s an whole disturbing cultural framework that you are endorsing.”

Biographical Details

Dogan was originated from the country of Turkey and at the age of 5 relocated to France, where his father worked as a caretaker. The court heard that his parent was abusive and that the defendant began consuming marijuana at the age of 10. When he was 17 he was stopped by authorities for drug trafficking and his father evicted him of home. He was incarcerated in prison for narcotics offenses in his early 20s and had worked as a construction worker but had experienced periods of being unhoused.

He was wed and had a son with special needs, who he was the primary guardian for, as his wife worked in a school canteen. The evidence showed his spouse did not know he had repeated intimate relations outside their marriage. His defence said this was his way of coping with his challenging existence. Dogan had told a court psychologist that once a year he engaged in paid sex on his birthday. His legal representatives informed the court he had a medical condition triggered by the anxiety of the original case.