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A defendant has been found guilty on higher court review of sexually assaulting Gisèle Pelicot following she was rendered comatose by her then-husband – and was given his prison sentence increased to ten years.

Retrial Proceedings

Husamettin Dogan, forty-four, an unemployed builder, who had appealed his first conviction last year, faced a retrial this week at the Nîmes court of appeal.

A jury of nine jurors, sitting with three judges, found Dogan guilty on Thursday of sexually assaulting Pelicot in her residence in southern France in the morning of 29 June 2019.

The testimony revealed that Dogan, a married father, reached out to Gisèle Pelicot’s spouse, Dominique Pelicot, in an internet forum titled “without her knowledge”, where Pelicot was seeking men to enter his residence to rape his wife after he had sedated her into a unconscious state.

We trust the court will say loud and clear that in this country, fundamental rights are also rights of women – that permission is personal, not transferred,” stated the victim's attorney, her legal representative. “Consent is received directly and not through someone else from a spouse.”

Background

The ex-husband, one of the worst sex offenders in recent French history, was handed a sentence to 20 years in prison last year for drugging his spouse and soliciting numerous individuals to rape her in her home in the town of Mazan over a duration of many years of their union.

Dozens of additional defendants were found culpable in a widely publicized trial last year, and Dogan was the only man to appeal against his conviction. He was initially sentenced to 9 years in prison, a penalty raised on Thursday to 10 years.

The lead state prosecutor, the prosecutor, had stated he should serve twelve years, because he “absolutely refuses to take any accountability”.

Courtroom Details

The defendant had initially sent Dominique Pelicot inappropriate pictures and then driven an hour from his town in Provence to rape Gisèle Pelicot, after informing his wife he was leaving, the court heard.

Pelicot, who was brought from solitary confinement in prison to briefly testify at the retrial, informed the court that Dogan had been aware his wife had been “sedated” and he told to men by phone: “I seek someone to violate my wife after I’ve put her to sleep without her knowledge.”

The proceedings became a key topic for a broader debate on rape culture in society as Dogan continued to say he was blameless and had not committed rape, arguing that because Gisèle Pelicot’s husband had invited him into the residence, his conduct had been permissible.

The panel in the higher court was presented with visual proof of Gisèle Pelicot’s limp body, unconscious and snoring in a unconscious condition, while a grinning Dogan engaged in violation on several occasions over a duration of what authorities reported was three and a half hours. The court official said she had been at peril of death by choking. The state's case said there was no question that she had been unconscious and had not consented.

Dogan's Claims

The defendant told the court the videos were simply “sexual encounters” and rejected it was assault. He said what he did was “a consensual activity”, not assault. He told the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had invited him to the home, and therefore it was acceptable. He said he was manipulated by the husband. “I attempted to cease,” the accused told the court. “I continued because he convinced me.”

Asked if he wanted to make a last words to the court, the defendant said: “I never wanted to harm that individual.”

Survivor's Statement

Gisèle Pelicot, who was cheered upon exiting the courtroom each day by onlookers assembled to support her, addressed Dogan in court: “You haven’t understood. When will you acknowledge you assaulted me? It is illegal to assault an unaware woman. When did I ever give you consent? At no time.”

The victim, seventy-two, 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 the victim in court, said Dogan’s refusal to take responsibility showed that: “Shame has not yet changed sides. The community is possibly in the process of that, maybe propelled by the societal understanding spurred by the revelation of your case.”

Sie said Dogan’s claims of blamelessness showed how rape culture was still prevalent in society as part of “outdated” forms of “gender-based power”. He said: “Now we must change rape culture to a culture of consent.”

Sie addressed the defendant: “While you deny it, it’s not just a individual, it’s an entire disturbing cultural framework that you are supporting.”

Personal History

The accused was born in Turkey and at the age of five moved to the nation of France, where his parent worked as a building manager. The testimony revealed that his parent was abusive and that Dogan began consuming marijuana at the age of ten. When he was seventeen he was apprehended by authorities for dealing drugs and his parent kicked him out of home. He served time in prison for narcotics offenses in his early 20s and had worked as a laborer but had experienced periods of homelessness.

He was married and had a child with a genetic condition, who he was the main caregiver for, as his spouse worked in a educational cafeteria. The court heard his wife did not know he had repeated sexual encounters beyond their union. His defence said this was his strategy for managing with his difficult circumstances. Dogan had informed a court psychologist that once a year he engaged in paid sex on his birthday. His legal representatives stated to the court he had a medical condition resulting from the anxiety of the original case.