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An individual was convicted on higher court review of raping Gisèle Pelicot after she was rendered comatose by her husband – and was given his prison sentence increased to 10 years.

Retrial Proceedings

Husamettin Dogan, 44, an unemployed builder, who had challenged 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, sitting with three judges, convicted Dogan on Thursday of sexually assaulting the victim in her home in the south of France in the early hours of June 29, 2019.

The court heard that the accused, a family man, connected with Gisèle Pelicot’s spouse, the husband, in an digital platform named “without her consent”, where Pelicot was looking for men to come to his home to assault his wife once he had rendered her unconscious into a unconscious state.

We trust the panel will say loud and clear that in this country, human rights are also rights of women – that permission is individual, not transferred,” stated the victim's lawyer, Antoine Camus. “Consent is obtained personally and not via a representative from a husband.”

Background

Dominique Pelicot, among the most severe sexual predators in recent French history, was sentenced to 20 years in prison last year for incapacitating his then wife and inviting dozens of men to rape her in her home in the community of Mazan over a duration of nearly ten years of their union.

Dozens of additional defendants were found convicted in a widely publicized trial last year, and Dogan was the single defendant to contest his verdict. He was first sentenced to 9 years in prison, a sentence raised on Thursday to 10 years.

The lead state prosecutor, the prosecutor, had argued he should serve twelve years, because he “absolutely refuses to take any blame”.

Courtroom Details

The defendant had first sent the husband graphic images and then traveled an hour from his town in the region to assault the victim, after informing his wife he was leaving, the evidence indicated.

The ex-husband, who was brought from segregation in prison to briefly give evidence at the hearing, informed the court that Dogan had known his wife had been “drugged” and he communicated to men by phone: “I want someone to violate my wife after I’ve sedated her unbeknownst to her.”

The proceedings became a central issue for a larger conversation on sexual violence norms in society as Dogan continued to claim he was blameless and had not perpetrated assault, contending that because the victim's husband had allowed him into the residence, his behavior had been acceptable.

The jury in the Nîmes appeals court was displayed video evidence of Gisèle Pelicot’s unconscious figure, comatose and snoring in a comatose state, while a grinning the perpetrator committed rape repeatedly over a period of what investigators stated was 3.5 hours. The court official said she had been at peril of death by asphyxiation. The prosecution said there was absolute certainty that she had been incapacitated and had not given permission.

Accused's Testimony

Dogan told the court the footage were simply “sexual encounters” and denied it was rape. He said what he did was “a sexual act”, not rape. He told the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had invited him to the residence, and therefore it was acceptable. He said he was deceived by the husband. “I tried to halt,” Dogan told the court. “I proceeded because he convinced me.”

Questioned if he wanted to make a final statement to the court, the defendant said: “I had no desire to injure that individual.”

Victim's Response

The victim, who was applauded upon leaving court each day by supporters assembled to stand with her, addressed the defendant in court: “You fail to comprehend. When will you admit you assaulted me? It is illegal to rape an incapacitated woman. When did I ever give you agreement? Not once.”

Gisèle Pelicot, seventy-two, became an international feminist hero after she gave up her right to anonymity in the trial last year when she said: “The shame should shift.”

State's Argument

Sie, turning to Gisèle Pelicot in court, said Dogan’s unwillingness to take responsibility showed that: “The shame remains. Society is maybe in the midst of that, maybe driven by the societal understanding resulting from the publication of your situation.”

The prosecutor said Dogan’s claims of non-guilt showed how societal tolerance was still widespread in society as part of “archaic” forms of “male domination”. He said: “We need to change the culture of violence to a culture of consent.”

The prosecutor told Dogan: “For as much as you deny it, it’s not just a individual, it’s an complete unpleasant social system that you are endorsing.”

Biographical Details

Dogan was originated from Turkey and at the age of five relocated to the nation of France, where his father worked as a building manager. The testimony revealed that his father was aggressive and that Dogan began smoking cannabis aged ten. When Dogan was 17 he was stopped by police for selling narcotics and his father forced him to leave the residence. He served time in prison for drug dealing in his twenties and had worked as a construction worker but had undergone periods of homelessness.

He was married and had a child with special needs, who he was the primary guardian for, as his wife worked in a school canteen. The evidence showed his spouse did not know he had regular intimate relations outside their union. His legal team said this was his method of dealing with his challenging existence. Dogan had told a mental health expert that annually he sought paid sex on his birthday. His legal representatives informed the court he had a medical condition triggered by the pressure of the initial proceedings.