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A man was declared guilty on appeal of raping Gisèle Pelicot after she was rendered comatose by her then-husband – and was given his jail term raised to ten years.

Appeal Trial

Husamettin Dogan, forty-four, an out-of-work construction worker, who had appealed his initial guilty verdict last year, experienced a new trial this week at the Nîmes court of appeal.

A panel of nine jurors, sitting with three judges, ruled against Dogan on Thursday of sexually assaulting Pelicot in her bedroom in the south of France in the morning of June 29, 2019.

The evidence showed that Dogan, a married father, connected with Gisèle Pelicot’s husband at the time, the husband, in an online chatroom titled “without her knowledge”, where Pelicot was recruiting men to come to his home to assault his wife once he had drugged her into a unconscious state.

We trust the jury will declare that in this nation, fundamental rights are also rights of women – that permission is individual, not transferred,” stated the victim's lawyer, her legal representative. “Consent is obtained directly and not via a representative from a husband.”

Background

The ex-husband, one of the worst sex offenders in modern French history, was handed a sentence to twenty years in prison last year for drugging his spouse and soliciting multiple perpetrators to sexually assault her in her home in the community of Mazan over a period of almost a decade of their union.

Dozens of additional defendants were found convicted in a notable trial last year, and the appellant was the sole individual to appeal against his verdict. He was initially handed a term to nine years in prison, a punishment enhanced on Thursday to 10 years.

The state's attorney, Dominique Sie, had contended he should serve 12 years, because he “absolutely refuses to take any blame”.

Evidence Presented

Dogan had initially sent Dominique Pelicot inappropriate pictures and then traveled an hour from his village in Provence to assault Gisèle Pelicot, after informing his wife he was leaving, the evidence indicated.

The ex-husband, who was transported from segregation in prison to temporarily give evidence at the appeal trial, informed the court that Dogan had been aware 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 focus point for a larger conversation on sexual violence norms in society as the defendant continued to claim he was not guilty and had not engaged in violation, stating that because Gisèle Pelicot’s husband had allowed him into the room, his behavior had been justifiable.

The jury in the Nîmes appeals court was displayed recorded footage of Gisèle Pelicot’s unconscious figure, sedated and snoring in a unconscious condition, while a grinning Dogan performed assault on several occasions over a timeframe of what authorities reported was three and a half hours. The court official said she had been at danger of death by suffocation. The state prosecution said there was absolute certainty that she had been unconscious and had not consented.

Accused's Testimony

Dogan told the court the footage were simply “sex scenes” and rejected it was rape. He said what he did was “a consensual activity”, not assault. He told the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had allowed him to the home, and therefore it was OK. He said he was deceived by Dominique Pelicot. “I tried to halt,” the accused told the court. “I proceeded because he convinced me.”

Questioned if he wanted to make a final statement to the court, Dogan said: “I had no desire to harm that lady.”

Victim's Response

Gisèle Pelicot, who was supported upon leaving court each day by supporters present to stand with her, addressed the defendant in court: “You fail to comprehend. When will you admit you assaulted me? It is unlawful to assault an unconscious woman. When did I ever give you agreement? Not once.”

The victim, 72, became an international feminist hero after she waived her right to anonymity in the trial last year when she said: “Guilt ought to transfer.”

Legal Commentary

Sie, turning to Gisèle Pelicot in court, said Dogan’s unwillingness to take accountability showed that: “Shame has not yet changed sides. The community is maybe in the course of that, possibly motivated by the public consciousness resulting from the exposure of your ordeal.”

Sie said the defendant's claims of blamelessness showed how societal tolerance was still common in society as part of “old-fashioned” forms of “gender-based power”. He said: “It is imperative to change the culture of violence to a ethos of permission.”

The prosecutor said to Dogan: “While you reject it, it’s not just a individual, it’s an complete disturbing social system that you are supporting.”

Personal History

The accused was born in the country of Turkey and at the age of five came to France, where his father worked as a concierge. The evidence indicated that his parent was violent and that the defendant began smoking cannabis aged 10. When he was 17 he was caught by authorities for dealing drugs and his father kicked him out the residence. He spent time in prison for narcotics offenses in his early 20s and had worked as a construction worker but had faced periods of homelessness.

He was wed and had a son with special needs, who he was the main caregiver for, as his spouse worked in a school canteen. The evidence showed his spouse did not know he had frequent sexual encounters outside their union. His defence said this was his method of dealing with his stressful life. The defendant had informed a court psychologist that once a year he looked for transactional encounters on his birthday. His attorneys told the court he had arthritis caused by the stress of the initial proceedings.