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An individual was declared guilty on retrial of raping Gisèle Pelicot after she was rendered comatose by her husband – and received his incarceration period increased to 10 years.

Higher Court Case

Husamettin Dogan, forty-four, an unemployed builder, who had appealed his initial guilty verdict last year, experienced a appeal hearing this week at the Nîmes court of appeal.

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

The court heard that Dogan, a married father, connected with Gisèle Pelicot’s then husband, the husband, in an online chatroom named “without her consent”, where Pelicot was recruiting men to visit his house to rape his wife once he had rendered her unconscious into a unconscious state.

We expect the court will affirm that in this society, human rights are also rights of women – that agreement is personal, not delegated,” stated Gisèle Pelicot’s attorney, Antoine Camus. “Permission is obtained personally and not by proxy from a spouse.”

Background

The ex-husband, among the most severe sexual predators in modern French history, was sentenced to twenty years in prison last year for sedating his wife at the time and soliciting multiple perpetrators to rape her in her home in the Provence village of Mazan over a span of nearly ten years of their marriage.

Dozens of additional defendants were found culpable in a notable trial last year, and the appellant was the only man to challenge his sentence. He was originally sentenced to nine years in prison, a sentence raised on Thursday to a decade.

The state's attorney, Dominique Sie, had contended he should serve twelve years, because he “completely denies to take any responsibility”.

Courtroom Details

Dogan had first sent the husband graphic images and then traveled an hour from his village in the region to rape Gisèle Pelicot, after telling his wife he was leaving, the court heard.

Pelicot, who was transported from solitary confinement in prison to temporarily provide testimony at the appeal trial, informed the court that the accused had been aware his wife had been “incapacitated” and he communicated to men by phone: “I seek someone to assault my wife after I’ve rendered her unconscious unbeknownst to her.”

The trial became a central issue for a wider discussion on rape culture in society as the defendant continued to assert he was blameless and had not committed rape, stating that because Gisèle Pelicot’s husband had allowed him into the room, his behavior had been justifiable.

The panel in the Nîmes appeals court was displayed video evidence of Gisèle Pelicot’s unconscious figure, sedated and breathing heavily in a deep sleep, while a grinning the perpetrator performed assault on several occasions over a duration of what authorities reported was 3.5 hours. The court official said she had been at risk of death by asphyxiation. The state prosecution said there was no doubt that she had been unaware and had not agreed.

Accused's Testimony

Dogan stated to the court the footage were simply “sexual encounters” and rejected it was violation. He said what he did was “a sexual act”, not rape. He stated the court: “I never raped.” He said the victim's husband had allowed him to the house, and therefore it was permissible. He said he was influenced by the husband. “I wanted to stop,” the accused stated to the court. “I proceeded because he reassured me.”

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

Survivor's Statement

The survivor, who was applauded upon departing the trial each day by supporters gathered to support her, told the defendant in court: “You fail to comprehend. When will you admit you violated me? It’s a crime to assault an incapacitated woman. When did I ever give you permission? Not once.”

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

State's Argument

The prosecutor, speaking to the victim in court, said Dogan’s refusal to take blame showed that: “Shame has not yet changed sides. The community is perhaps in the process of that, maybe driven by the public consciousness brought by the revelation of your situation.”

Sie said Dogan’s claims of blamelessness showed how societal tolerance was still widespread in society as part of “old-fashioned” forms of “gender-based power”. He said: “Now we must change rape culture to a society based on agreement.”

The prosecutor addressed Dogan: “As long as you refuse to admit it, it’s not just a individual, it’s an complete unpleasant societal structure that you are endorsing.”

Defendant's Background

Dogan was originated from Turkey and at the age of five moved to France, where his father worked as a building manager. The court heard that his parent was abusive and that Dogan began smoking cannabis at the age of 10. When he was seventeen he was apprehended by police for selling narcotics and his parent forced him to leave the residence. He spent time in prison for drug dealing in his twenties and had worked as a builder but had faced periods of being unhoused.

He was wed and had a son with special needs, who he was the principal carer for, as his wife worked in a educational cafeteria. The evidence showed his spouse did not know he had regular intimate relations beyond their marriage. His legal team said this was his strategy for managing with his challenging existence. Dogan had told a evaluator that annually he sought transactional encounters on his birthday. His legal representatives informed the court he had arthritis triggered by the anxiety of the first trial.