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A defendant has been found guilty on appeal of raping Gisèle Pelicot following she was rendered comatose by her husband – and has had his incarceration period raised to a decade.

Retrial Proceedings

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

A panel of four women and five men, sitting with three judges, convicted Dogan on Thursday of sexually assaulting Pelicot in her residence in Provence in the early hours of 29 June 2019.

The evidence showed that the accused, a family man, made contact with the victim's husband at the time, the husband, in an digital platform called “without her knowledge”, where the husband was seeking men to visit his house to rape his wife once he had drugged her into a deep sleep.

We expect the panel will affirm that in this nation, human rights are also women’s rights – that agreement is personal, not delegated,” stated Gisèle Pelicot’s lawyer, Antoine Camus. “Agreement is received directly and not via a representative from a husband.”

Case History

Dominique Pelicot, one of the worst sexual predators in modern French history, was handed a sentence to 20 years in prison last year for drugging his then wife and bringing in numerous individuals to rape her in her home in the Provence village of the village of Mazan over a span of nearly ten years of their marriage.

Numerous other individuals were found guilty in a high-profile trial last year, and the appellant was the single defendant to challenge his conviction. He was first sentenced to 9 years in prison, a sentence enhanced on Thursday to a decade.

The chief prosecutor, the prosecutor, had argued he should serve 12 years, because he “absolutely refuses to take any accountability”.

Evidence Presented

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

Pelicot, who was transported from segregation in prison to temporarily provide testimony at the retrial, informed the court that the accused had understood his wife had been “incapacitated” and he said to men by phone: “I’m looking for someone to abuse my wife after I’ve rendered her unconscious without her consent.”

The trial became a central issue for a broader debate on societal attitudes in society as Dogan continued to assert he was innocent and had not perpetrated assault, contending that because Gisèle Pelicot’s husband had invited him into the room, his behavior had been justifiable.

The panel in the higher court was presented with video evidence of the victim's unconscious figure, comatose and breathing heavily in a deep sleep, while a smiling Dogan performed assault multiple times over a timeframe of what authorities reported was 3.5 hours. The judge said she had been at risk of fatal outcome by asphyxiation. The state prosecution said there was no question that she had been unaware and had not given permission.

Defendant's Statements

The defendant stated to the court the recordings were simply “intimate moments” and rejected it was violation. He said what he did was “a consensual activity”, not assault. He stated the court: “I did not commit rape.” He said the victim's husband had invited him to the residence, and therefore it was OK. He said he was influenced by Dominique Pelicot. “I tried to halt,” Dogan informed the court. “I proceeded because he reassured me.”

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

Survivor's Statement

The survivor, who was supported upon departing the trial each day by supporters present to stand with her, addressed the defendant in court: “You do not grasp. When will you admit you assaulted me? It is unlawful to assault an unconscious woman. How could I have give you agreement? At no time.”

The victim, 72, became an international feminist hero after she waived her right to confidentiality in the trial last year when she said: “The shame should shift.”

State's Argument

The prosecutor, addressing the victim in court, said Dogan’s unwillingness to take accountability showed that: “Shame has not yet changed sides. Society is perhaps in the midst of that, possibly driven by the societal understanding spurred by the publication of your ordeal.”

The prosecutor said Dogan’s claims of non-guilt showed how rape culture was still prevalent in society as part of “outdated” forms of “patriarchal control”. He said: “It is imperative to change rape culture to a culture of consent.”

The prosecutor said to the defendant: “As long as you reject it, it’s not just a individual, it’s an entire sordid social system that you are upholding.”

Defendant's Background

The accused was born in the country of Turkey and at the age of five came to the nation of France, where his father worked as a building manager. The court heard that his father was abusive and that Dogan began using drugs aged 10. When Dogan was seventeen he was caught by authorities for dealing drugs and his parent kicked him out of home. He spent time in prison for narcotics offenses in his twenties and had worked as a builder but had undergone periods of homelessness.

He was married and had a child with Down’s syndrome, who he was the principal carer for, as his wife worked in a school canteen. The evidence showed his wife did not know he had regular extramarital activities beyond their marriage. His defence said this was his strategy for managing with his difficult circumstances. Dogan had informed a evaluator that once a year he engaged in paid sex on his birthday. His attorneys informed the court he had a medical condition triggered by the anxiety of the initial proceedings.