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A defendant was convicted on appeal of raping Gisèle Pelicot following she was rendered comatose by her husband – and has had his incarceration period raised to ten years.

Appeal Trial

Husamettin Dogan, forty-four, an unemployed builder, who had contested his first conviction last year, experienced a appeal hearing this week at the higher court in Nîmes.

A jury of nine jurors, accompanied by three judges, found Dogan guilty on Thursday of raping the victim in her home in the south of France in the early hours of 29 June 2019.

The court heard that Dogan, a married father, connected with Gisèle Pelicot’s spouse, the husband, in an digital platform called “without her consent”, where the husband was looking for men to visit his house to rape his wife once he had drugged her into a deep sleep.

“We hope the jury will say loud and clear that in this country, human rights are also women’s rights – that agreement is personal, not delegated,” stated the victim's attorney, her legal representative. “Consent is received directly and not by proxy from a spouse.”

Case History

The ex-husband, a notorious sex offenders in modern French history, was given a prison term to two decades in prison last year for incapacitating his spouse and inviting multiple perpetrators to rape her in her home in the Provence village of Mazan over a period of nearly ten years of their marriage.

Fifty other men were found convicted in a high-profile trial last year, and the appellant was the only man to contest his sentence. He was originally given a sentence to nine years in prison, a punishment increased on Thursday to ten years.

The chief prosecutor, Dominique Sie, had stated he should serve 12 years, because he “stubbornly rejects to take any accountability”.

Testimony and Proof

The defendant had first sent the husband inappropriate pictures and then driven an hour from his town in Provence to rape the victim, after notifying his wife he was stepping out, the evidence indicated.

The ex-husband, who was brought from isolation in prison to temporarily give evidence at the appeal trial, informed the court that the accused had understood his wife had been “drugged” and he said to men by phone: “I seek someone to assault my wife after I’ve put her to sleep without her knowledge.”

The trial became a central issue for a broader debate on societal attitudes in society as the defendant continued to claim he was blameless and had not engaged in violation, stating that because the victim's husband had welcomed him into the bedroom, his actions had been justifiable.

The jury in the Nîmes appeals court was displayed visual proof of Gisèle Pelicot’s unresponsive form, unconscious and snoring in a deep sleep, while a smiling the perpetrator performed assault on several occasions over a timeframe of what authorities reported was three and a half hours. The judge said she had been at risk of death by suffocation. The prosecution said there was no question that she had been unconscious and had not given permission.

Accused's Testimony

Dogan stated to the court the videos were simply “sex scenes” and denied it was violation. He said what he did was “a sexual act”, not rape. He stated the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had brought him to the house, and therefore it was acceptable. He said he was influenced by Dominique Pelicot. “I tried to halt,” the accused informed the court. “I continued because he convinced me.”

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

Victim's Response

Gisèle Pelicot, who was cheered upon leaving court each day by onlookers assembled to support her, said to Dogan in court: “You do not grasp. When are you going to recognise you violated me? It’s a crime to assault an incapacitated woman. How could I have give you agreement? Not once.”

Gisèle Pelicot, 72, became an global icon after she gave up her right to anonymity in the trial last year when she said: “The shame should shift.”

Prosecutor's Remarks

Sie, turning to the victim in court, said Dogan’s failure to take accountability showed that: “The shame remains. The community is maybe in the process of that, maybe motivated by the societal understanding spurred by the publication of your ordeal.”

Sie said the defendant's claims of blamelessness showed how normalized violence was still widespread in society as part of “outdated” forms of “male domination”. He said: “Now we must change rape culture to a culture of consent.”

Sie said to the defendant: “For as much as you refuse to admit it, it’s not just a person, it’s an complete sordid cultural framework that you are endorsing.”

Personal History

Dogan was born in the country of Turkey and at the age of 5 moved to the nation of France, where his father worked as a building manager. The testimony revealed that his parent was aggressive and that Dogan began using drugs aged 10. When he was seventeen he was apprehended by authorities for dealing drugs and his father forced him to leave of home. He spent time in prison for drug dealing in his early 20s and had worked as a laborer but had undergone periods of living on the streets.

He was wed and had a child with Down’s syndrome, who he was the main caregiver for, as his wife worked in a school canteen. The testimony revealed his wife did not know he had regular sexual encounters beyond their marriage. His legal team said this was his method of dealing with his stressful life. The defendant had told a court psychologist that annually he engaged in commercial sex on his birthday. His lawyers informed the court he had a medical condition caused by the pressure of the initial proceedings.