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A man was convicted on higher court review of sexually assaulting Gisele Pelicot after she was rendered comatose by her then-husband – and was given his incarceration period increased to a decade.

Appeal Trial

Husamettin Dogan, 44, an unemployed builder, who had contested his initial guilty verdict last year, experienced a new trial this week at the Nîmes court of appeal.

A jury of four women and five men, accompanied by three judges, convicted Dogan on Thursday of raping Pelicot in her bedroom in the south of France in the morning of June 29, 2019.

The evidence showed that Dogan, a family man, connected with Gisèle Pelicot’s spouse, the husband, in an internet forum called “without her consent”, where Pelicot was seeking men to enter his residence to assault his wife once he had sedated her into a unconscious state.

We trust the jury will declare that in this nation, fundamental rights are also rights of women – that consent is individual, not transferred,” stated Gisèle Pelicot’s attorney, her legal representative. “Agreement is secured personally and not by proxy from a spouse.”

Context

The ex-husband, a notorious sex offenders in modern French history, was sentenced to twenty years in prison last year for drugging his spouse and bringing in numerous individuals to sexually assault her in her home in the town of Mazan over a period of almost a decade of their union.

Fifty other men were found convicted in a high-profile trial last year, and Dogan was the single defendant to appeal against his conviction. He was first sentenced to nine years in prison, a penalty raised on Thursday to ten years.

The state's attorney, Dominique Sie, had stated he should serve 12 years, because he “completely denies to take any accountability”.

Courtroom Details

Dogan had initially sent Dominique Pelicot sexually explicit photos and then traveled an hour from his village in Provence to rape Gisèle Pelicot, after telling his wife he was going out, the testimony revealed.

Pelicot, who was transported from segregation in prison to briefly give evidence at the appeal trial, told the court that the accused had understood his wife had been “sedated” and he communicated to men by phone: “I seek someone to abuse my wife after I’ve put her to sleep without her consent.”

The trial became a central issue for a larger conversation on societal attitudes in society as the defendant continued to say he was not guilty and had not committed rape, contending that because the victim's husband had invited him into the bedroom, his conduct had been justifiable.

The panel in the higher court was displayed recorded footage of Gisèle Pelicot’s limp body, unconscious and snoring in a comatose state, while a grinning Dogan engaged in violation repeatedly over a timeframe of what investigators stated was three and a half hours. The court official said she had been at danger of fatal outcome by asphyxiation. The state prosecution said there was absolute certainty that she had been unaware and had not agreed.

Defendant's Statements

Dogan told the court the footage were simply “intimate moments” and disputed it was rape. He said what he did was “a consensual activity”, not assault. He told the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had brought him to the home, and therefore it was OK. He said he was manipulated by Dominique Pelicot. “I attempted to cease,” Dogan informed the court. “I proceeded because he convinced me.”

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

Survivor's Statement

The survivor, who was applauded upon leaving court each day by crowds gathered to stand with her, addressed Dogan in court: “You do not grasp. When are you going to recognise you raped me? It is illegal to rape an unaware woman. When did I ever give you consent? At no time.”

Gisèle Pelicot, seventy-two, became an international feminist hero after she gave up her right to privacy in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

The prosecutor, addressing Gisèle Pelicot in court, said Dogan’s failure to take accountability showed that: “The shame remains. The community is perhaps in the course of that, perhaps motivated by the collective awareness resulting from the publication of your situation.”

The prosecutor 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: “It is imperative to change the culture of violence to a society based on agreement.”

Sie told Dogan: “While you deny it, it’s not just a woman, it’s an entire sordid societal structure that you are endorsing.”

Personal History

The accused was born in the country of Turkey and at the age of five relocated to France, where his parent worked as a caretaker. The evidence indicated that his father was aggressive and that Dogan began consuming marijuana aged 10. When he was seventeen he was stopped by police for dealing drugs and his father evicted him the family house. He was incarcerated in prison for narcotics offenses in his young adulthood and had worked as a construction worker but had experienced periods of homelessness.

He was married and had a son with Down’s syndrome, who he was the primary guardian for, as his wife worked in a institution's dining hall. The court heard his wife did not know he had regular sexual encounters beyond their union. His legal team said this was his way of coping with his stressful life. The defendant had told a court psychologist that each year he engaged in paid sex on his special day. His lawyers informed the court he had joint inflammation triggered by the stress of the initial proceedings.