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A man was convicted on higher court review of raping Gisèle Pelicot following she was rendered comatose by her spouse – and was given his prison sentence extended to ten years.

Higher Court Case

Husamettin Dogan, forty-four, an unemployed builder, who had challenged his first conviction last year, experienced a new trial this week at the Nîmes court of appeal.

A jury of five men and four women, accompanied by three judges, convicted Dogan on Thursday of raping the victim in her residence in Provence in the early hours of 29 June 2019.

The evidence showed that Dogan, a family man, reached out to the victim's husband at the time, the husband, in an internet forum named “unbeknownst to her”, where the husband was seeking men to enter his residence to rape his wife after he had drugged her into a deep sleep.

“We hope the panel will declare that in this society, fundamental rights are also women’s rights – that agreement is personal, not given by another,” declared the victim's lawyer, Antoine Camus. “Agreement is secured personally and not through someone else 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 then wife and soliciting dozens of men to sexually assault her in her home in the town of Mazan over a span of many years of their union.

Dozens of additional defendants were found convicted in a notable trial last year, and Dogan was the single defendant to challenge his sentence. He was originally sentenced to 9 years in prison, a penalty increased on Thursday to 10 years.

The state's attorney, the prosecutor, had contended he should serve 12 years, because he “stubbornly rejects to take any blame”.

Courtroom Details

Dogan had first sent the husband graphic images and then traveled an hour from his residence in Provence to rape Gisèle Pelicot, after notifying his wife he was leaving, the evidence indicated.

The ex-husband, who was brought from solitary confinement in prison to briefly give evidence at the appeal trial, told the court that the accused had known his wife had been “incapacitated” and he communicated to men by phone: “I seek someone to abuse my wife after I’ve put her to sleep unbeknownst to her.”

The courtroom became a central issue for a broader debate on rape culture in society as the defendant continued to say he was blameless and had not perpetrated assault, contending that because Gisèle Pelicot’s husband had welcomed him into the bedroom, his behavior had been acceptable.

The panel in the Nîmes appeals court was shown video evidence of the victim's unresponsive form, unconscious and breathing heavily in a comatose state, while a smiling Dogan performed assault multiple times over a timeframe of what police said was three and a half hours. The court official said she had been at danger of fatal outcome by choking. The state's case said there was absolute certainty that she had been unaware and had not agreed.

Defendant's Statements

The defendant stated to the court the footage were simply “sex scenes” and disputed it was assault. He said what he did was “a sexual act”, not assault. He declared the court: “I never raped.” He said the victim's husband had invited him to the home, and therefore it was permissible. He said he was deceived by the husband. “I attempted to cease,” the accused informed the court. “I carried on because he convinced me.”

Asked if he wanted to make a closing remarks to the court, the defendant said: “I never wanted to harm that woman.”

Victim's Response

The survivor, who was supported upon exiting the courtroom each day by crowds assembled to support her, addressed Dogan in court: “You do not grasp. When are you going to recognise you assaulted me? It is illegal to assault an incapacitated woman. How could I have give you agreement? Never.”

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

Legal Commentary

The prosecutor, speaking to Gisèle Pelicot in court, said the defendant's refusal to take responsibility showed that: “The shame remains. The community is perhaps in the midst of that, maybe propelled by the public consciousness brought by the publication of your ordeal.”

The prosecutor said Dogan’s claims of blamelessness showed how normalized violence was still common in society as part of “outdated” forms of “gender-based power”. He said: “Now we must change rape culture to a culture of consent.”

The prosecutor addressed Dogan: “As long as you deny it, it’s not just a woman, it’s an whole disturbing social system that you are upholding.”

Defendant's Background

Dogan was born in the country of Turkey and at the age of 5 relocated to France, where his father worked as a building manager. The evidence indicated that his parent was aggressive and that the defendant began smoking cannabis at the age of ten. When Dogan was seventeen he was apprehended by police for selling narcotics and his father evicted him the residence. He served time in prison for narcotics offenses in his young adulthood and had worked as a builder but had undergone periods of homelessness.

He was wed and had a child with Down’s syndrome, who he was the primary guardian for, as his wife worked in a school canteen. The testimony revealed his spouse did not know he had frequent extramarital activities outside their union. His defence said this was his way of coping with his challenging existence. The defendant had informed a mental health expert that annually he looked for paid sex on his birthday. His legal representatives told the court he had arthritis caused by the pressure of the initial proceedings.