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A defendant has been found guilty on retrial of raping Gisèle Pelicot following she was rendered comatose by her then-husband – and has had his prison sentence extended to 10 years.

Higher Court Case

Husamettin Dogan, 44, 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 jury of five men and four women, accompanied by three judges, found Dogan guilty on Thursday of raping the victim in her home in southern France in the early hours of 29 June 2019.

The evidence showed that the accused, a family man, made contact with Gisèle Pelicot’s then husband, Dominique Pelicot, in an online chatroom titled “unbeknownst to her”, where Pelicot was seeking men to come to his home to rape his wife once he had drugged her into a unconscious state.

“We hope the court will say loud and clear that in this country, human rights are also women’s rights – that agreement is personal, not delegated,” stated the victim's attorney, Antoine Camus. “Consent is obtained personally and not by proxy from a husband.”

Case History

Dominique Pelicot, one of the worst sexual predators in France's contemporary records, was handed a sentence to two decades in prison last year for sedating his then wife and inviting dozens of men to sexually assault her in her home in the town of Mazan over a period of many years of their union.

Dozens of additional defendants were found guilty in a high-profile trial last year, and Dogan was the sole individual to appeal against his sentence. He was first given a sentence to 9 years in prison, a penalty enhanced on Thursday to ten years.

The lead state prosecutor, Dominique Sie, had stated he should serve twelve years, because he “stubbornly rejects to take any blame”.

Testimony and Proof

The defendant had first sent Dominique Pelicot graphic images and then driven an hour from his residence in the region to rape the victim, after telling his wife he was leaving, the evidence indicated.

The ex-husband, who was brought from solitary confinement in prison to temporarily provide testimony at the hearing, stated to the court that the accused had understood his wife had been “drugged” and he told to men by phone: “I seek someone to assault my wife after I’ve put her to sleep unbeknownst to her.”

The courtroom became a key topic for a broader debate on rape culture in society as Dogan continued to claim he was blameless and had not engaged in violation, stating that because Gisèle Pelicot’s husband had invited him into the bedroom, his conduct had been justifiable.

The panel in the Nîmes appeals court was shown recorded footage of Gisèle Pelicot’s limp body, comatose and breathing heavily in a comatose state, while a grinning the perpetrator performed assault on several occasions over a timeframe of what authorities reported was several hours. The judge said she had been at risk of death by suffocation. The state prosecution said there was absolute certainty that she had been incapacitated and had not consented.

Dogan's Claims

The defendant informed the court the footage were simply “sex scenes” 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 residence, and therefore it was acceptable. He said he was deceived by the husband. “I attempted to cease,” the accused stated to the court. “I carried on because he convinced me.”

Inquired if he wanted to make a last words to the court, the defendant said: “I did not intend to harm that lady.”

Victim's Response

The survivor, who was supported upon exiting the courtroom each day by onlookers present to stand with her, addressed the defendant in court: “You do not grasp. When will you admit you violated me? It is illegal to rape an unaware woman. When did I ever give you permission? Never.”

The victim, seventy-two, became an symbol of resistance after she relinquished her right to confidentiality in the trial last year when she said: “Shame must change sides.”

Legal Commentary

Sie, turning to the victim in court, said Dogan’s unwillingness to take responsibility showed that: “Guilt has not shifted. The public is maybe in the process of that, maybe driven by the public consciousness brought by the publication of your situation.”

The prosecutor said Dogan’s claims of blamelessness showed how societal tolerance was still widespread in society as part of “outdated” forms of “male domination”. He said: “Now we must change rape culture to a culture of consent.”

The prosecutor told the defendant: “As long as you deny it, it’s not just a woman, it’s an complete unpleasant social system that you are endorsing.”

Biographical Details

Dogan was originated from Turkey and at the age of five came to the nation of France, where his parent worked as a concierge. The testimony revealed that his father was violent and that the defendant began consuming marijuana at the age of 10. When Dogan was 17 he was caught by police for drug trafficking and his father forced him to leave the residence. He was incarcerated in prison for narcotics offenses in his young adulthood and had worked as a builder but had undergone periods of being unhoused.

He was married and had a son with Down’s syndrome, who he was the principal carer for, as his spouse worked in a institution's dining hall. The evidence showed his spouse did not know he had frequent intimate relations beyond their union. His legal team said this was his strategy for managing with his stressful life. The defendant had told a mental health expert that each year he sought commercial sex on his special day. His legal representatives informed the court he had arthritis resulting from the pressure of the original case.