🔗 Share this article

A man was convicted on higher court review of raping Gisele Pelicot after she was rendered comatose by her husband – and has had his jail term raised to 10 years.

Higher Court Case

Husamettin Dogan, 44, an out-of-work construction worker, who had challenged his first conviction last year, underwent a retrial this week at the Nîmes court of appeal.

A jury of four women and five men, sitting with three judges, ruled against Dogan on Thursday of sexually assaulting Pelicot in her bedroom in southern France in the morning of June 29, 2019.

The evidence showed that Dogan, a married father, reached out to Gisèle Pelicot’s then husband, Dominique Pelicot, in an internet forum called “without her consent”, where Pelicot was looking for men to come to his home to rape his wife after he had drugged her into a unconscious state.

“We hope the panel will declare that in this society, human rights are also women’s rights – that agreement is personal, not transferred,” said Gisèle Pelicot’s attorney, her legal representative. “Agreement is received directly and not by proxy from a husband.”

Background

Dominique Pelicot, among the most severe sexual predators in France's contemporary records, was handed a sentence to twenty years in prison last year for incapacitating his spouse and soliciting multiple perpetrators to sexually assault her in her home in the community of Mazan over a duration of many years of their union.

Numerous other individuals were found guilty in a high-profile trial last year, and Dogan was the sole individual to appeal against his sentence. He was first given a sentence to 9 years in prison, a sentence enhanced on Thursday to ten years.

The state's attorney, the prosecutor, had contended he should serve 12 years, because he “completely denies to take any blame”.

Evidence Presented

Dogan had first sent the husband sexually explicit photos and then driven an hour from his residence in Provence to assault Gisèle Pelicot, after informing his wife he was going out, the evidence indicated.

The ex-husband, who was transported from solitary confinement in prison to briefly give evidence at the hearing, stated to the court that the accused had known his wife had been “drugged” and he said to men by phone: “I seek someone to violate my wife after I’ve rendered her unconscious without her knowledge.”

The trial became a key topic for a larger conversation on rape culture in society as the defendant continued to say he was not guilty and had not perpetrated assault, stating that because the victim's husband had welcomed him into the residence, his conduct had been acceptable.

The jury in the Nîmes appeals court was shown video evidence of Gisèle Pelicot’s unconscious figure, comatose and snoring in a unconscious condition, while a grinning Dogan committed rape on several occasions over a period of what investigators stated was several hours. The presiding judge said she had been at danger of death by suffocation. The state's case said there was no doubt that she had been unaware and had not consented.

Accused's Testimony

The defendant stated to the court the recordings 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 am innocent of assault.” He said the victim's husband had allowed him to the residence, and therefore it was acceptable. He said he was influenced by Dominique Pelicot. “I tried to halt,” the accused stated to the court. “I carried on because he persuaded me.”

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

Victim's Response

The victim, who was cheered upon exiting the courtroom each day by onlookers present to back her, said to the defendant in court: “You haven’t understood. When are you going to recognise you violated me? It’s a crime to assault an unaware woman. When did I ever give you permission? Never.”

The victim, 72, became an international feminist hero after she gave up her right to confidentiality in the trial last year when she said: “Shame must change sides.”

Legal Commentary

The prosecutor, addressing Gisèle Pelicot in court, said Dogan’s refusal to take responsibility showed that: “Guilt has not shifted. The public is perhaps in the midst of that, possibly propelled by the collective awareness spurred by the revelation of your case.”

The prosecutor said the defendant's claims of blamelessness showed how normalized violence was still prevalent in society as part of “old-fashioned” forms of “male domination”. He said: “It is imperative to change rape culture to a society based on agreement.”

Sie told Dogan: “As long as you deny it, it’s not just a person, it’s an complete sordid societal structure that you are supporting.”

Personal History

The accused was originated from Turkey and at the age of 5 moved to France, where his father worked as a caretaker. The testimony revealed that his father was aggressive and that the defendant began smoking cannabis aged 10. When Dogan was seventeen he was stopped by police for drug trafficking and his parent forced him to leave the family house. He was incarcerated in prison for narcotics offenses in his young adulthood and had worked as a construction worker but had faced periods of being unhoused.

He was wed and had a son with Down’s syndrome, who he was the principal carer for, as his wife worked in a educational cafeteria. The evidence showed his wife did not know he had frequent sexual encounters beyond their union. His legal team said this was his strategy for managing with his stressful life. Dogan had stated to a court psychologist that once a year he engaged in transactional encounters on his birthday. His attorneys stated to the court he had a medical condition resulting from the anxiety of the initial proceedings.