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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 incarceration period extended 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 Nîmes court of appeal.

A panel of nine jurors, joined by three judges, found Dogan guilty on Thursday of raping Pelicot in her residence in Provence in the morning of June 29, 2019.

The court heard that the accused, a family man, made contact with Gisèle Pelicot’s then husband, Dominique Pelicot, in an digital platform called “without her knowledge”, where the husband was recruiting men to enter his residence to rape his wife after he had drugged her into a comatose state.

We expect the court will affirm that in this country, fundamental rights are also rights of women – that agreement is individual, not delegated,” stated the victim's lawyer, her legal representative. “Agreement is received directly and not by proxy from a husband.”

Case History

The ex-husband, one of the worst sex offenders in France's contemporary records, was given a prison term to twenty years in prison last year for sedating his wife at the time and inviting dozens of men to sexually assault her in her home in the Provence village of the village of Mazan over a duration of nearly ten years of their marriage.

Numerous other individuals were found convicted in a widely publicized trial last year, and Dogan was the sole individual to challenge his conviction. He was originally sentenced to nine 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 accountability”.

Courtroom Details

Dogan had initially sent Dominique Pelicot graphic images and then driven an hour from his village in the region to rape the victim, after telling his wife he was leaving, the evidence indicated.

Pelicot, who was transported from isolation in prison to temporarily give evidence at the hearing, stated to the court that Dogan had understood his wife had been “incapacitated” and he told to men by phone: “I seek someone to abuse my wife after I’ve rendered her unconscious unbeknownst to her.”

The proceedings became a key topic for a broader debate on sexual violence norms in society as the defendant continued to assert he was blameless and had not perpetrated assault, contending that because Gisèle Pelicot’s husband had welcomed him into the residence, his conduct had been permissible.

The panel in the Nîmes appeals court was presented with recorded footage of the victim's unresponsive form, comatose and breathing heavily in a deep sleep, while a smiling the perpetrator engaged in violation repeatedly over a period of what authorities reported was 3.5 hours. The court official said she had been at risk of death by asphyxiation. The prosecution said there was no question that she had been incapacitated and had not consented.

Accused's Testimony

The defendant informed the court the videos were simply “sex scenes” and denied it was assault. He said what he did was “a consensual activity”, not assault. He stated the court: “I did not commit rape.” He said the victim's husband had brought him to the home, and therefore it was OK. He said he was influenced by Dominique Pelicot. “I attempted to cease,” the accused told the court. “I proceeded because he reassured me.”

Asked if he wanted to make a last words to the court, the defendant said: “I had no desire to harm that lady.”

Survivor's Statement

Gisèle Pelicot, who was cheered upon leaving court each day by onlookers gathered to support her, told the defendant in court: “You do not grasp. When will you acknowledge you assaulted me? It’s a crime to rape an incapacitated woman. When did I ever give you agreement? At no time.”

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

Prosecutor's Remarks

Sie, addressing Gisèle Pelicot in court, said the defendant's refusal to take responsibility showed that: “Guilt has not shifted. The community is maybe in the process of that, perhaps driven by the public consciousness resulting from the revelation of your ordeal.”

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

The prosecutor addressed Dogan: “As long as you reject it, it’s not just a person, it’s an whole disturbing societal structure that you are upholding.”

Biographical Details

The accused was originated from Turkey and at the age of five relocated to the nation of France, where his father worked as a building manager. The court heard that his parent was abusive and that Dogan began using drugs at the age of 10. When Dogan was 17 he was apprehended by authorities for drug trafficking and his father kicked him out the family house. He served time in prison for narcotics offenses in his twenties and had worked as a construction worker but had undergone periods of living on the streets.

He was married and had a child with a genetic condition, who he was the main caregiver for, as his wife worked in a institution's dining hall. The testimony revealed his spouse did not know he had regular intimate relations beyond their union. His legal team said this was his way of coping with his challenging existence. Dogan had stated to a evaluator that once a year he looked for commercial sex on his special day. His legal representatives informed the court he had a medical condition resulting from the stress of the original case.