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A defendant was declared guilty on retrial of sexually assaulting Gisèle Pelicot following she was rendered comatose by her spouse – and has had his jail term raised to 10 years.

Higher Court Case

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

A jury of five men and four women, joined by three judges, ruled against Dogan on Thursday of raping the victim in her home in southern France in the morning of June 29, 2019.

The evidence showed that Dogan, a married father, made contact with the victim's husband at the time, Dominique Pelicot, in an digital platform named “without her knowledge”, where Pelicot was looking for men to enter his residence to rape his wife after he had drugged her into a deep sleep.

We trust the court will declare that in this country, fundamental rights are also rights of women – that agreement is personal, not delegated,” said the victim's attorney, Antoine Camus. “Agreement is secured personally and not by proxy from a spouse.”

Case History

The ex-husband, a notorious sex offenders in recent French history, was given a prison term to 20 years in prison last year for drugging his wife at the time and inviting multiple perpetrators to sexually assault her in her home in the community of Mazan over a span of nearly ten years of their union.

Fifty other men were found culpable in a notable trial last year, and Dogan was the sole individual to appeal against his verdict. He was originally sentenced to 9 years in prison, a punishment enhanced on Thursday to 10 years.

The chief prosecutor, Dominique Sie, had stated he should serve 12 years, because he “completely denies to take any blame”.

Evidence Presented

Dogan had first sent Dominique Pelicot graphic images and then traveled an hour from his town in the region to assault Gisèle Pelicot, after notifying his wife he was going out, the evidence indicated.

The ex-husband, who was transported from segregation in prison to temporarily give evidence at the appeal trial, stated to the court that the accused had known his wife had been “drugged” and he said to men by phone: “I’m looking for someone to abuse my wife after I’ve sedated her without her consent.”

The proceedings became a central issue for a larger conversation on sexual violence norms in society as Dogan continued to assert he was not guilty and had not engaged in violation, contending that because the victim's husband had invited him into the room, his conduct had been permissible.

The panel in the Nîmes appeals court was presented with recorded footage of the victim's limp body, sedated and snoring in a comatose state, while a smiling the perpetrator committed rape multiple times over a period of what police said was three and a half hours. The judge said she had been at danger of fatal outcome by suffocation. The state's case said there was no question that she had been unaware and had not given permission.

Dogan's Claims

Dogan told the court the footage were simply “sex scenes” and rejected it was rape. He said what he did was “a sexual act”, not assault. He stated the court: “I did not commit rape.” He said the victim's husband had allowed him to the residence, and therefore it was OK. He said he was manipulated by the husband. “I attempted to cease,” Dogan stated to the court. “I continued because he persuaded me.”

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

Victim's Response

The victim, who was applauded upon exiting the courtroom each day by supporters assembled to stand with her, addressed Dogan in court: “You do not grasp. When will you acknowledge you raped me? It’s a crime to rape an incapacitated woman. When did I ever give you consent? At no time.”

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

Legal Commentary

Sie, speaking to the victim in court, said the defendant's failure to take accountability showed that: “Guilt has not shifted. The community is possibly in the process of that, perhaps propelled by the societal understanding spurred by the exposure of your ordeal.”

Sie said Dogan’s claims of innocence showed how rape culture was still widespread in society as part of “outdated” forms of “male domination”. He said: “We need to change rape culture to a society based on agreement.”

Sie addressed the defendant: “While you refuse to admit it, it’s not just a woman, it’s an entire sordid societal structure that you are endorsing.”

Defendant's Background

Dogan was originated from Turkey and at the age of five came to France, where his father worked as a building manager. The testimony revealed that his father was aggressive and that Dogan began smoking cannabis at the age of 10. When he was seventeen he was caught by authorities for selling narcotics and his father kicked him out the residence. He spent time in prison for drug dealing in his twenties and had worked as a laborer but had faced periods of homelessness.

He was married and had a son with special needs, who he was the primary guardian for, as his spouse worked in a institution's dining hall. The testimony revealed his spouse did not know he had frequent extramarital activities beyond their marriage. His defence said this was his method of dealing with his challenging existence. The defendant had informed a mental health expert that once a year he looked for transactional encounters on his special day. His attorneys informed the court he had a medical condition resulting from the anxiety of the original case.