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A man was declared guilty on higher court review of sexually assaulting Gisele Pelicot following she was rendered comatose by her then-husband – and has had his prison sentence increased to 10 years.

Retrial Proceedings

Husamettin Dogan, forty-four, an unemployed builder, who had appealed his initial guilty verdict last year, faced a appeal hearing this week at the appeals court in Nîmes.

A jury of five men and four women, sitting with three judges, found Dogan guilty on Thursday of sexually assaulting Pelicot in her residence in the south of France in the morning of June 29, 2019.

The evidence showed that Dogan, a family man, reached out to Gisèle Pelicot’s then husband, the husband, in an online chatroom called “without her consent”, where Pelicot was seeking men to come to his home to assault his wife after he had rendered her unconscious into a unconscious state.

We expect the panel will declare that in this country, human rights are also rights of women – that agreement is individual, not transferred,” stated Gisèle Pelicot’s attorney, her legal representative. “Permission is obtained personally and not by proxy from a spouse.”

Case History

The ex-husband, one of the worst sexual predators in recent French history, was handed a sentence to 20 years in prison last year for incapacitating his then wife and inviting numerous individuals to sexually assault her in her home in the Provence village of Mazan over a period of almost a decade of their union.

Numerous other individuals were found culpable in a high-profile trial last year, and the appellant was the sole individual to contest his conviction. He was first handed a term to 9 years in prison, a sentence enhanced on Thursday to 10 years.

The state's attorney, Dominique Sie, had stated he should serve twelve years, because he “completely denies to take any responsibility”.

Courtroom Details

The defendant had first sent the husband inappropriate pictures and then driven an hour from his village in Provence to rape the victim, after informing his wife he was stepping out, the court heard.

Pelicot, who was brought from segregation in prison to briefly testify at the appeal trial, informed the court that Dogan had understood his wife had been “sedated” and he communicated to men by phone: “I want someone to violate my wife after I’ve put her to sleep without her knowledge.”

The proceedings became a central issue for a broader debate on sexual violence norms in society as Dogan continued to say he was blameless and had not engaged in violation, stating that because Gisèle Pelicot’s husband had invited him into the room, his actions had been acceptable.

The jury in the higher court was shown recorded footage of Gisèle Pelicot’s unresponsive form, comatose and breathing heavily in a unconscious condition, while a grinning the perpetrator committed rape on several occasions over a period of what investigators stated was several hours. The judge said she had been at risk of fatal outcome by asphyxiation. The state prosecution said there was no doubt that she had been unconscious and had not agreed.

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 “a consensual activity”, not rape. He told the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had invited him to the residence, and therefore it was OK. He said he was influenced by the husband. “I attempted to cease,” Dogan stated to the court. “I continued because he convinced me.”

Questioned if he wanted to make a final statement to the court, the defendant said: “I had no desire to hurt that lady.”

Survivor's Statement

Gisèle Pelicot, who was cheered upon exiting the courtroom each day by supporters present to stand with her, told the defendant in court: “You fail to comprehend. When will you admit you raped me? It is illegal to rape an unaware woman. At what point did I give you permission? At no time.”

Gisèle Pelicot, seventy-two, 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

Sie, addressing Gisèle Pelicot in court, said the defendant's refusal to take blame showed that: “Shame has not yet changed sides. The public is perhaps in the process of that, possibly propelled by the collective awareness spurred by the exposure of your situation.”

Sie said Dogan’s claims of non-guilt showed how societal tolerance was still widespread in society as part of “old-fashioned” forms of “male domination”. He said: “Now we must change rape culture to a culture of consent.”

The prosecutor addressed the defendant: “As long as you deny it, it’s not just a woman, it’s an complete sordid social system that you are supporting.”

Biographical Details

The accused was born in Turkey and at the age of five moved to the nation of France, where his father worked as a caretaker. The evidence indicated that his father was violent and that the defendant began using drugs at the age of 10. When Dogan was 17 he was apprehended by police for dealing drugs and his parent kicked him out the residence. He was incarcerated in prison for narcotics offenses in his young adulthood and had worked as a laborer but had experienced periods of living on the streets.

He was married and had a child with Down’s syndrome, who he was the primary guardian for, as his spouse worked in a school canteen. The evidence showed his spouse did not know he had regular sexual encounters outside their union. His legal team said this was his method of dealing with his challenging existence. Dogan had informed a mental health expert that each year he looked for transactional encounters on his special day. His attorneys told the court he had joint inflammation triggered by the pressure of the original case.