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A man was declared guilty on retrial of raping Gisele Pelicot after she was rendered comatose by her husband – and has had his jail term increased to 10 years.

Higher Court Case

Husamettin Dogan, 44, an out-of-work construction worker, who had contested his initial guilty verdict last year, underwent a retrial this week at the higher court in Nîmes.

A panel of four women and five men, joined by three judges, found Dogan guilty on Thursday of raping the victim in her residence in southern France in the early hours of 29 June 2019.

The evidence showed that Dogan, a family man, made contact with Gisèle Pelicot’s spouse, Dominique Pelicot, in an internet forum named “unbeknownst to her”, where Pelicot was seeking men to come to his home to assault his wife after he had rendered her unconscious into a deep sleep.

We trust the court will affirm that in this nation, human rights are also rights of women – that permission is personal, not transferred,” stated Gisèle Pelicot’s attorney, Antoine Camus. “Permission is received directly and not by proxy from a husband.”

Context

Dominique Pelicot, a notorious sexual predators in recent French history, was sentenced to twenty years in prison last year for drugging his spouse and bringing in numerous individuals to rape her in her home in the community of the village of Mazan over a period of almost a decade of their union.

Dozens of additional defendants were found convicted in a high-profile trial last year, and Dogan was the sole individual to challenge his conviction. He was first given a sentence to nine years in prison, a penalty increased on Thursday to 10 years.

The chief prosecutor, Dominique Sie, had contended he should serve twelve years, because he “stubbornly rejects to take any responsibility”.

Courtroom Details

Dogan had first sent Dominique Pelicot sexually explicit photos and then driven an hour from his residence in the region to assault the victim, after telling his wife he was leaving, the testimony revealed.

The ex-husband, who was brought from solitary confinement in prison to briefly give evidence at the hearing, told the court that Dogan had known his wife had been “drugged” and he told to men by phone: “I want someone to assault my wife after I’ve put her to sleep without her knowledge.”

The proceedings became a key topic for a wider discussion on rape culture in society as the defendant continued to assert he was blameless and had not engaged in violation, contending that because the victim's husband had allowed him into the room, his behavior had been acceptable.

The jury in the higher court was shown video evidence of Gisèle Pelicot’s unconscious figure, sedated and breathing heavily in a comatose state, while a grinning Dogan engaged in violation on several occasions over a period of what authorities reported was 3.5 hours. The court official said she had been at risk of death by choking. The state's case said there was no question that she had been unconscious and had not given permission.

Defendant's Statements

The defendant stated to the court the recordings were simply “intimate moments” and rejected it was violation. He said what he did was “a sexual act”, not assault. He told the court: “I never raped.” He said Gisèle Pelicot’s husband had brought him to the house, and therefore it was acceptable. He said he was deceived by Dominique Pelicot. “I attempted to cease,” Dogan informed the court. “I proceeded because he persuaded me.”

Asked if he wanted to make a closing remarks to the court, Dogan said: “I did not intend to hurt that woman.”

Pelicot's Words

The victim, who was applauded upon departing the trial each day by onlookers assembled to back her, said to Dogan in court: “You fail to comprehend. When are you going to recognise you raped me? It is unlawful to assault an unconscious woman. At what point did I give you consent? At no time.”

Gisèle Pelicot, 72, became an international feminist hero after she relinquished her right to privacy in the trial last year when she said: “Guilt ought to transfer.”

Legal Commentary

The prosecutor, speaking to the victim in court, said Dogan’s refusal to take responsibility showed that: “Guilt has not shifted. The community is perhaps in the process of that, maybe motivated by the societal understanding spurred by the publication of your case.”

The prosecutor said the defendant's claims of innocence showed how normalized violence was still common in society as part of “outdated” forms of “male domination”. He said: “Now we must change rape culture to a ethos of permission.”

Sie said to Dogan: “As long as you deny it, it’s not just a individual, it’s an whole disturbing cultural framework that you are endorsing.”

Personal History

The accused was born in the country of Turkey and at the age of five moved to the nation of France, where his father worked as a building manager. The testimony revealed that his parent was violent and that Dogan began using drugs at the age of ten. When he was seventeen he was caught by authorities for dealing drugs and his father kicked him out of home. He served time in prison for drug dealing in his young adulthood and had worked as a laborer but had experienced periods of living on the streets.

He was wed and had a son with Down’s syndrome, who he was the primary guardian for, as his wife worked in a educational cafeteria. The evidence showed his spouse did not know he had repeated extramarital activities outside their union. His legal team said this was his method of dealing with his difficult circumstances. The defendant had stated to a court psychologist that once a year he engaged in commercial sex on his special day. His legal representatives stated to the court he had a medical condition caused by the pressure of the initial proceedings.