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A man has been found guilty on higher court review of sexually assaulting Gisèle Pelicot following she was rendered comatose by her spouse – and received his jail term raised to 10 years.

Higher Court Case

Husamettin Dogan, 44, an out-of-work construction worker, who had challenged his first conviction last year, faced a appeal hearing this week at the appeals court in Nîmes.

A panel of four women and five men, accompanied by three judges, convicted Dogan on Thursday of raping the victim in her home in Provence in the early hours of June 29, 2019.

The evidence showed that Dogan, a married father, connected with the victim's then husband, the husband, in an online chatroom called “without her consent”, where Pelicot was recruiting men to enter his residence to rape his wife once he had drugged her into a deep sleep.

We trust the court will say loud and clear that in this country, fundamental rights are also women’s rights – that permission is individual, not given by another,” declared the victim's lawyer, Antoine Camus. “Permission is obtained directly and not via a representative from a spouse.”

Background

Dominique Pelicot, one of the worst sex offenders in modern French history, was sentenced to two decades in prison last year for sedating his wife at the time and soliciting multiple perpetrators to sexually assault her in her home in the town of Mazan over a period of nearly ten years of their union.

Numerous other individuals were found guilty in a widely publicized trial last year, and the appellant was the only man to contest his sentence. He was initially given a sentence to 9 years in prison, a sentence raised on Thursday to 10 years.

The state's attorney, the prosecutor, had stated he should serve 12 years, because he “completely denies to take any responsibility”.

Courtroom Details

Dogan had initially sent Dominique Pelicot graphic images and then traveled an hour from his town in the region to rape Gisèle Pelicot, after notifying his wife he was going out, the court heard.

The ex-husband, who was transported from isolation in prison to temporarily testify at the appeal trial, stated to the court that Dogan had known his wife had been “drugged” and he communicated to men by phone: “I seek someone to violate my wife after I’ve put her to sleep unbeknownst to her.”

The trial became a central issue for a wider discussion on rape culture in society as the defendant continued to assert he was blameless and had not committed rape, contending that because the victim's husband had invited him into the bedroom, his actions had been justifiable.

The panel in the Nîmes appeals court was displayed video evidence of the victim's unresponsive form, unconscious and snoring in a deep sleep, while a smiling the perpetrator engaged in violation multiple times over a duration of what police said was 3.5 hours. The judge said she had been at risk of death by choking. The state prosecution said there was absolute certainty that she had been incapacitated and had not consented.

Dogan's Claims

Dogan told the court the videos were simply “sex scenes” and denied it was rape. He said what he did was “an intimate behavior”, not assault. He stated the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had invited him to the residence, and therefore it was permissible. He said he was deceived by Dominique Pelicot. “I wanted to stop,” Dogan told the court. “I carried on because he convinced me.”

Inquired if he wanted to make a final statement to the court, the defendant said: “I never wanted to injure that individual.”

Pelicot's Words

Gisèle Pelicot, who was applauded upon departing the trial each day by supporters present to stand with her, told the defendant in court: “You do not grasp. When will you admit you violated me? It is unlawful to assault an incapacitated woman. How could I have give you consent? Never.”

Gisèle Pelicot, 72, became an international feminist hero after she relinquished her right to privacy in the trial last year when she said: “The shame should shift.”

Prosecutor's Remarks

Sie, speaking to Gisèle Pelicot in court, said Dogan’s failure to take accountability showed that: “Guilt has not shifted. Society is perhaps in the course of that, possibly motivated by the public consciousness brought by the publication of your case.”

The prosecutor said Dogan’s claims of innocence showed how rape culture was still prevalent in society as part of “archaic” forms of “male domination”. He said: “We need to change the culture of violence to a ethos of permission.”

Sie told Dogan: “While you refuse to admit it, it’s not just a individual, it’s an complete unpleasant social system that you are upholding.”

Biographical Details

The accused was born in Turkey and at the age of 5 came to the nation of France, where his parent worked as a caretaker. The testimony revealed that his father was abusive and that Dogan began using drugs aged 10. When Dogan was 17 he was caught by authorities for drug trafficking and his father evicted him the residence. He served time in prison for narcotics offenses in his young adulthood and had worked as a builder but had faced periods of living on the streets.

He was wed and had a child with a genetic condition, who he was the principal carer for, as his spouse worked in a institution's dining hall. The evidence showed his wife did not know he had frequent sexual encounters outside their union. His defence said this was his method of dealing with his stressful life. Dogan had told a mental health expert that annually he engaged in paid sex on his birthday. His lawyers stated to the court he had arthritis caused by the stress of the original case.