🔗 Share this article

An individual was declared guilty on retrial of raping Gisèle Pelicot after she was rendered comatose by her then-husband – and has had his jail term increased to 10 years.

Appeal Trial

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

A panel of five men and four women, accompanied by three judges, convicted Dogan on Thursday of sexually assaulting Pelicot in her home in southern France in the morning of 29 June 2019.

The testimony revealed that Dogan, a married father, connected with the victim's husband at the time, the husband, in an internet forum called “without her knowledge”, where the husband was seeking men to come to his home to rape his wife once he had rendered her unconscious into a deep sleep.

“We hope the panel will affirm that in this society, human rights are also rights of women – that permission is individual, not given by another,” said the victim's attorney, Antoine Camus. “Agreement is secured directly and not through someone else from a husband.”

Background

The ex-husband, among the most severe sex offenders in recent French history, was given a prison term to two decades in prison last year for incapacitating his wife at the time and inviting multiple perpetrators to sexually assault her in her home in the community of the village of Mazan over a period of almost a decade of their marriage.

Dozens of additional defendants were found convicted in a notable trial last year, and Dogan was the single defendant to appeal against his verdict. He was first sentenced to nine years in prison, a penalty raised on Thursday to ten years.

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

Evidence Presented

The defendant had first sent Dominique Pelicot inappropriate pictures and then traveled an hour from his town in the region to rape Gisèle Pelicot, after informing his wife he was leaving, the testimony revealed.

Pelicot, who was transported from segregation in prison to temporarily testify at the appeal trial, stated to the court that the accused had been aware his wife had been “drugged” and he told to men by phone: “I seek someone to abuse my wife after I’ve put her to sleep without her consent.”

The courtroom became a central issue for a wider discussion on sexual violence norms in society as the defendant continued to claim he was not guilty and had not perpetrated assault, stating that because Gisèle Pelicot’s husband had welcomed him into the residence, his actions had been justifiable.

The jury in the higher court was displayed visual proof of the victim's unconscious figure, comatose and breathing heavily in a deep sleep, while a smiling Dogan engaged in violation repeatedly over a duration of what authorities reported was three and a half hours. The court official said she had been at danger of fatal outcome by asphyxiation. The prosecution said there was absolute certainty that she had been incapacitated and had not consented.

Dogan's Claims

Dogan informed the court the recordings were simply “sex scenes” and denied it was rape. He said what he did was “a sexual act”, not assault. He told the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had allowed him to the house, and therefore it was OK. He said he was deceived by the husband. “I wanted to stop,” the accused told the court. “I proceeded because he reassured me.”

Inquired if he wanted to make a closing remarks to the court, Dogan said: “I never wanted to hurt that individual.”

Victim's Response

The survivor, who was supported upon departing the trial each day by onlookers assembled to support her, addressed the defendant in court: “You fail to comprehend. When are you going to recognise you assaulted me? It’s a crime to rape an unconscious woman. How could I have give you permission? Never.”

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

State's Argument

The prosecutor, speaking to Gisèle Pelicot in court, said Dogan’s failure to take accountability showed that: “Shame has not yet changed sides. Society is perhaps in the process of that, perhaps driven by the collective awareness brought by the exposure of your ordeal.”

Sie said Dogan’s claims of blamelessness showed how normalized violence was still prevalent in society as part of “archaic” forms of “gender-based power”. He said: “Now we must change the culture of violence to a society based on agreement.”

The prosecutor said to the defendant: “While you refuse to admit it, it’s not just a person, it’s an complete disturbing social system that you are upholding.”

Personal History

Dogan was originated from Turkey and at the age of five came to France, where his parent worked as a building manager. The court heard that his father was violent and that Dogan began using drugs at the age of ten. When Dogan was 17 he was stopped by authorities for dealing drugs and his father kicked him out of home. He was incarcerated in prison for trafficking in his early 20s and had worked as a laborer but had undergone periods of being unhoused.

He was married and had a child with a genetic condition, who he was the principal carer for, as his spouse worked in a institution's dining hall. The testimony revealed his spouse did not know he had frequent intimate relations outside their marriage. His legal team said this was his strategy for managing with his stressful life. The defendant had told a evaluator that each year he sought paid sex on his birthday. His legal representatives stated to the court he had arthritis triggered by the anxiety of the first trial.