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An individual was declared guilty on appeal of raping Gisèle Pelicot after she was rendered comatose by her husband – and has had his incarceration period increased to ten years.

Appeal Trial

Husamettin Dogan, 44, an unemployed builder, who had appealed his initial guilty verdict last year, underwent a appeal hearing 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 Pelicot in her home in the south of France in the early hours of 29 June 2019.

The court heard that Dogan, a family man, connected with Gisèle Pelicot’s then husband, the husband, in an online chatroom called “without her consent”, where the husband was seeking men to enter his residence to assault his wife once he had drugged her into a unconscious state.

We expect the court will affirm that in this country, fundamental rights are also women’s rights – that permission is individual, not transferred,” declared Gisèle Pelicot’s attorney, Antoine Camus. “Consent is secured directly and not through someone else from a spouse.”

Case History

The ex-husband, among the most severe sexual predators in recent French history, was given a prison term to 20 years in prison last year for drugging his then wife and inviting dozens of men to sexually assault her in her home in the community of the village of Mazan over a duration of almost a decade of their union.

Fifty other men were found convicted in a high-profile trial last year, and Dogan was the sole individual to appeal against his conviction. He was first sentenced to nine years in prison, a punishment enhanced on Thursday to a decade.

The lead state prosecutor, the prosecutor, had argued he should serve 12 years, because he “absolutely refuses to take any blame”.

Testimony and Proof

The defendant had initially sent Dominique Pelicot sexually explicit photos and then driven an hour from his residence in the region to rape Gisèle Pelicot, after informing his wife he was leaving, the testimony revealed.

Pelicot, who was brought from segregation in prison to temporarily provide testimony at the appeal trial, informed the court that Dogan had been aware his wife had been “incapacitated” and he told to men by phone: “I want someone to violate my wife after I’ve rendered her unconscious without her knowledge.”

The trial became a focus point for a larger conversation on sexual violence norms in society as the defendant continued to assert he was blameless and had not committed rape, stating that because Gisèle Pelicot’s husband had allowed him into the residence, his conduct had been justifiable.

The jury in the Nîmes appeals court was displayed visual proof of the victim's unresponsive form, unconscious and snoring in a deep sleep, while a grinning the perpetrator engaged in violation repeatedly over a timeframe of what police said was 3.5 hours. The court official said she had been at risk of death by asphyxiation. The prosecution said there was no doubt that she had been unconscious and had not given permission.

Accused's Testimony

Dogan informed the court the videos were simply “intimate moments” and rejected it was assault. He said what he did was “a consensual activity”, not rape. He told the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had invited 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 continued because he convinced me.”

Asked if he wanted to make a closing remarks to the court, Dogan said: “I had no desire to hurt that lady.”

Victim's Response

The victim, who was cheered upon exiting the courtroom each day by onlookers assembled to support her, told Dogan in court: “You fail to comprehend. When will you acknowledge you assaulted me? It is illegal to rape an incapacitated woman. How could I have give you permission? Not once.”

Gisèle Pelicot, 72, became an symbol of resistance after she relinquished her right to anonymity in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

The prosecutor, turning to Gisèle Pelicot in court, said Dogan’s failure to take responsibility showed that: “Shame has not yet changed sides. The public is perhaps in the midst of that, maybe propelled by the societal understanding resulting from the exposure of your ordeal.”

Sie said Dogan’s claims of non-guilt showed how normalized violence was still common in society as part of “archaic” forms of “male domination”. He said: “We need to change rape culture to a society based on agreement.”

Sie told the defendant: “For as much as you refuse to admit it, it’s not just a woman, it’s an complete unpleasant societal structure that you are endorsing.”

Personal History

The accused was born in the country of Turkey and at the age of 5 came to France, where his parent worked as a building manager. The court heard that his parent was violent and that Dogan began consuming marijuana at the age of 10. When Dogan was seventeen he was caught by police for drug trafficking and his parent kicked him out of home. He was incarcerated in prison for drug dealing in his twenties and had worked as a builder but had undergone periods of being unhoused.

He was married and had a son with Down’s syndrome, who he was the principal carer for, as his spouse worked in a institution's dining hall. The testimony revealed his spouse did not know he had regular intimate relations beyond their marriage. His defence said this was his method of dealing with his stressful life. Dogan had stated to a court psychologist that once a year he sought commercial sex on his special day. His lawyers stated to the court he had a medical condition caused by the stress of the initial proceedings.