🔗 Share this article

An individual was declared guilty on higher court review of sexually assaulting Gisèle Pelicot following she was rendered comatose by her spouse – and received his incarceration period extended to a decade.

Retrial Proceedings

Husamettin Dogan, forty-four, an out-of-work construction worker, who had contested his first conviction last year, underwent a appeal hearing this week at the Nîmes court of appeal.

A panel of four women and five men, accompanied by three judges, ruled against Dogan on Thursday of sexually assaulting the victim in her residence in southern France in the early hours of June 29, 2019.

The evidence showed that Dogan, a married father, connected with Gisèle Pelicot’s then husband, Dominique Pelicot, in an internet forum called “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 hope the court will say loud and clear that in this country, fundamental rights are also women’s rights – that agreement is individual, not transferred,” stated Gisèle Pelicot’s attorney, Antoine Camus. “Permission is received personally and not through someone else from a husband.”

Case History

The husband, among the most severe sexual predators in modern French history, was sentenced to 20 years in prison last year for sedating his spouse and inviting multiple perpetrators to rape her in her home in the community of Mazan over a period of nearly ten years of their marriage.

Fifty other men were found guilty in a notable trial last year, and the appellant was the sole individual to appeal against his sentence. He was originally sentenced to nine years in prison, a sentence increased on Thursday to ten years.

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

Courtroom Details

Dogan had first sent Dominique Pelicot sexually explicit photos and then traveled an hour from his village in Provence to assault the victim, after informing his wife he was stepping out, the testimony revealed.

The ex-husband, who was transported from isolation in prison to briefly testify at the appeal trial, told the court that the accused had been aware his wife had been “sedated” and he told to men by phone: “I’m looking for someone to assault my wife after I’ve put her to sleep unbeknownst to her.”

The trial became a focus point for a wider discussion on rape culture in society as the defendant continued to assert he was innocent and had not perpetrated assault, arguing that because the victim's husband had allowed him into the room, his conduct had been acceptable.

The jury in the higher court was presented with recorded footage of Gisèle Pelicot’s limp body, sedated and snoring in a comatose state, while a smiling the perpetrator committed rape on several occasions over a period of what investigators stated was three and a half 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.

Dogan's Claims

The defendant informed the court the recordings were simply “sex scenes” and disputed it was violation. He said what he did was “a consensual activity”, not rape. He told the court: “I did not commit rape.” He said the victim's husband had invited him to the house, and therefore it was acceptable. He said he was deceived by Dominique Pelicot. “I tried to halt,” the accused stated to the court. “I proceeded because he convinced me.”

Asked if he wanted to make a closing remarks to the court, the defendant said: “I never wanted to hurt that lady.”

Victim's Response

The victim, who was supported upon exiting the courtroom each day by onlookers present to back her, addressed the defendant in court: “You do not grasp. When will you acknowledge you violated me? It is illegal to rape an unaware woman. When did I ever give you permission? At no time.”

The victim, seventy-two, became an global icon after she gave up her right to anonymity in the trial last year when she said: “Shame must change sides.”

State's Argument

The prosecutor, addressing Gisèle Pelicot in court, said Dogan’s failure to take blame showed that: “Guilt has not shifted. The public is perhaps in the midst of that, possibly propelled by the public consciousness resulting from the revelation of your case.”

Sie said the defendant's claims of non-guilt showed how normalized violence was still prevalent in society as part of “outdated” 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 deny it, it’s not just a person, it’s an complete sordid social system that you are supporting.”

Biographical Details

Dogan was originated from Turkey and at the age of 5 moved to France, where his father worked as a concierge. The court heard that his parent was aggressive and that the defendant began using drugs aged 10. When Dogan was 17 he was caught by police for drug trafficking and his parent forced him to leave the residence. He served time in prison for narcotics offenses in his early 20s and had worked as a builder but had experienced periods of living on the streets.

He was married and had a child with Down’s syndrome, who he was the principal carer for, as his wife worked in a educational cafeteria. The evidence showed his spouse did not know he had frequent intimate relations beyond their union. His legal team said this was his method of dealing with his stressful life. The defendant had informed a court psychologist that annually he sought transactional encounters on his birthday. His legal representatives informed the court he had arthritis caused by the pressure of the initial proceedings.