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A defendant was convicted on higher court review of raping Gisèle Pelicot following she was rendered comatose by her then-husband – and received his prison sentence raised to a decade.

Appeal Trial

Husamettin Dogan, 44, an out-of-work construction worker, who had appealed his initial guilty verdict last year, faced a new trial this week at the higher court in Nîmes.

A jury of four women and five men, sitting with three judges, convicted Dogan on Thursday of sexually assaulting the victim in her home in Provence in the morning of June 29, 2019.

The court heard that Dogan, a family man, made contact with Gisèle Pelicot’s then husband, the husband, in an digital platform titled “unbeknownst to her”, where the husband was recruiting men to visit his house to rape his wife after he had rendered her unconscious into a unconscious state.

“We hope the panel will declare that in this country, human rights are also women’s rights – that agreement is personal, not transferred,” declared Gisèle Pelicot’s attorney, Antoine Camus. “Agreement is secured personally and not through someone else from a spouse.”

Case History

The ex-husband, a notorious sexual predators in recent French history, was handed a sentence to two decades in prison last year for drugging his spouse and inviting numerous individuals to sexually assault her in her home in the community of the village of Mazan over a span of nearly ten years of their marriage.

Numerous other individuals were found culpable in a notable trial last year, and the appellant was the only man to contest his verdict. He was initially handed a term to 9 years in prison, a sentence 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 responsibility”.

Testimony and Proof

Dogan had first sent the husband sexually explicit photos and then driven an hour from his residence in Provence to rape Gisèle Pelicot, after informing his wife he was going out, the evidence indicated.

Pelicot, who was transported from segregation in prison to briefly testify at the retrial, informed the court that Dogan had known his wife had been “sedated” and he said to men by phone: “I want someone to assault my wife after I’ve put her to sleep without her consent.”

The trial became a central issue for a broader debate on sexual violence norms in society as Dogan continued to claim he was not guilty and had not perpetrated assault, stating that because Gisèle Pelicot’s husband had welcomed him into the room, his behavior had been permissible.

The jury in the higher court was shown recorded footage of the victim's unresponsive form, comatose and breathing heavily in a deep sleep, while a smiling Dogan committed rape multiple times over a period of what investigators stated was three and a half hours. The presiding judge said she had been at risk of death by suffocation. The prosecution said there was no doubt that she had been unconscious and had not given permission.

Dogan's Claims

Dogan stated to the court the recordings were simply “sexual encounters” and rejected it was assault. He said what he did was “a consensual activity”, not assault. He declared the court: “I did not commit rape.” 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 wanted to stop,” the accused stated to the court. “I carried on because he convinced me.”

Asked if he wanted to make a last words to the court, the defendant said: “I had no desire to hurt that lady.”

Survivor's Statement

The victim, who was cheered upon departing the trial each day by supporters present to support her, said to the defendant in court: “You do not grasp. When are you going to recognise you violated me? It’s a crime to assault an unaware woman. At what point did I give you agreement? Never.”

The victim, seventy-two, became an international feminist hero after she relinquished her right to privacy in the trial last year when she said: “Guilt ought to transfer.”

State's Argument

Sie, speaking to the victim in court, said Dogan’s refusal to take accountability showed that: “Guilt has not shifted. The community is perhaps in the process of that, maybe driven by the societal understanding spurred by the exposure of your case.”

The prosecutor said Dogan’s claims of innocence showed how societal tolerance was still widespread in society as part of “outdated” forms of “patriarchal control”. He said: “We need to change the culture of violence to a ethos of permission.”

The prosecutor said to the defendant: “As long as you refuse to admit it, it’s not just a person, it’s an entire disturbing social system that you are endorsing.”

Personal History

Dogan was born in Turkey and at the age of 5 relocated to the nation of France, where his parent worked as a concierge. The court heard that his parent was abusive and that the defendant began consuming marijuana at the age of 10. When he was 17 he was caught by police for selling narcotics and his parent kicked him out the family house. He was incarcerated in prison for drug dealing in his young adulthood and had worked as a laborer but had undergone periods of being unhoused.

He was wed and had a child with a genetic condition, who he was the primary guardian for, as his spouse worked in a educational cafeteria. The testimony revealed his spouse did not know he had frequent extramarital activities beyond their marriage. His defence said this was his way of coping with his challenging existence. Dogan had informed a evaluator that annually he engaged in transactional encounters on his special day. His legal representatives informed the court he had a medical condition caused by the anxiety of the original case.