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A defendant was convicted on higher court review of sexually assaulting Gisèle Pelicot after she was rendered comatose by her then-husband – and was given his incarceration period extended to a decade.

Retrial Proceedings

Husamettin Dogan, forty-four, an out-of-work construction worker, who had appealed his first conviction last year, underwent a new trial this week at the higher court in Nîmes.

A jury of five men and four women, sitting with 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 the accused, a married father, made contact with Gisèle Pelicot’s then husband, Dominique Pelicot, in an online chatroom named “without her consent”, where Pelicot was looking for men to visit his house to assault his wife once he had rendered her unconscious into a deep sleep.

“We hope the court will declare that in this society, human rights are also rights of women – that consent is individual, not delegated,” said Gisèle Pelicot’s lawyer, Antoine Camus. “Consent is obtained personally and not through someone else from a husband.”

Context

The ex-husband, among the most severe sexual predators in France's contemporary records, was handed a sentence to 20 years in prison last year for incapacitating his then wife and bringing in multiple perpetrators to rape her in her home in the community of the village of Mazan over a span of almost a decade of their union.

Dozens of additional defendants were found guilty in a notable trial last year, and the appellant was the sole individual to appeal against his conviction. He was first sentenced to 9 years in prison, a punishment enhanced on Thursday to ten years.

The state's attorney, Dominique Sie, had stated he should serve twelve years, because he “absolutely refuses to take any responsibility”.

Evidence Presented

Dogan had first sent Dominique Pelicot graphic images and then traveled an hour from his town in Provence to assault Gisèle Pelicot, after informing his wife he was going out, the court heard.

Pelicot, who was transported from isolation in prison to briefly testify at the hearing, informed the court that the accused had known his wife had been “incapacitated” and he said to men by phone: “I want someone to assault my wife after I’ve put her to sleep unbeknownst to her.”

The trial became a central issue for a wider discussion on societal attitudes in society as the defendant continued to say he was not guilty and had not engaged in violation, stating that because Gisèle Pelicot’s husband had invited him into the room, his behavior had been justifiable.

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

Defendant's Statements

Dogan informed the court the recordings were simply “intimate moments” and denied it was rape. He said what he did was “an intimate behavior”, not assault. He stated the court: “I never raped.” He said the victim's husband had allowed him to the residence, and therefore it was permissible. He said he was manipulated by the husband. “I tried to halt,” Dogan stated to the court. “I carried on because he convinced me.”

Asked if he wanted to make a final statement to the court, the defendant said: “I did not intend to hurt that lady.”

Victim's Response

Gisèle Pelicot, who was applauded upon exiting the courtroom each day by crowds gathered to back her, told Dogan in court: “You do not grasp. When will you admit you raped me? It’s a crime to assault an unconscious woman. How could I have give you agreement? At no time.”

Gisèle Pelicot, seventy-two, became an symbol of resistance after she gave up her right to privacy in the trial last year when she said: “Shame must change sides.”

State's Argument

The prosecutor, speaking to Gisèle Pelicot in court, said the defendant's unwillingness to take blame showed that: “Shame has not yet changed sides. Society is perhaps in the process of that, perhaps motivated by the public consciousness resulting from the publication of your situation.”

The prosecutor said the defendant's claims of non-guilt showed how rape culture was still prevalent in society as part of “outdated” forms of “male domination”. He said: “We need to change rape culture to a society based on agreement.”

Sie addressed Dogan: “While you reject it, it’s not just a person, it’s an complete disturbing societal structure that you are endorsing.”

Biographical Details

Dogan was born in Turkey and at the age of five came to the nation of France, where his father worked as a building manager. The court heard that his parent was aggressive and that Dogan began consuming marijuana aged 10. When Dogan was seventeen he was stopped by authorities for drug trafficking and his father kicked him out of home. He served time in prison for narcotics offenses in his twenties and had worked as a builder but had faced periods of living on the streets.

He was wed and had a child with Down’s syndrome, who he was the main caregiver for, as his wife worked in a educational cafeteria. The testimony revealed his wife did not know he had repeated sexual encounters outside their union. His legal team said this was his way of coping with his stressful life. Dogan had stated to a mental health expert that each year he looked for paid sex on his birthday. His lawyers informed the court he had arthritis triggered by the anxiety of the original case.