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A man was convicted on appeal of sexually assaulting Gisèle Pelicot after she was rendered comatose by her husband – and received his incarceration period extended to a decade.

Retrial Proceedings

Husamettin Dogan, 44, an unemployed builder, who had contested his first conviction last year, underwent a appeal hearing this week at the higher court in Nîmes.

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

The evidence showed that Dogan, a married father, made contact with Gisèle Pelicot’s spouse, the husband, in an digital platform titled “without her consent”, where the husband was seeking men to visit his house to rape his wife once he had rendered her unconscious into a unconscious state.

“We hope the jury will say loud and clear that in this country, fundamental rights are also women’s rights – that agreement is individual, not transferred,” declared the victim's lawyer, her legal representative. “Consent is secured personally and not through someone else from a husband.”

Context

Dominique Pelicot, one of the worst sex offenders in recent French history, was sentenced to two decades in prison last year for drugging his spouse and soliciting numerous individuals to sexually assault her in her home in the Provence village of the village of Mazan over a period of nearly ten years of their union.

Dozens of additional defendants were found convicted in a high-profile trial last year, and Dogan was the single defendant to challenge his sentence. He was originally given a sentence to 9 years in prison, a sentence raised on Thursday to 10 years.

The state's attorney, the prosecutor, had argued he should serve twelve years, because he “stubbornly rejects to take any accountability”.

Courtroom Details

Dogan had initially sent the husband inappropriate pictures and then driven an hour from his town in Provence to rape the victim, after informing his wife he was leaving, the testimony revealed.

Pelicot, who was transported from solitary confinement in prison to briefly give evidence at the retrial, informed the court that the accused had understood his wife had been “sedated” and he told to men by phone: “I seek someone to abuse my wife after I’ve put her to sleep unbeknownst to her.”

The trial became a key topic for a broader debate on rape culture in society as Dogan continued to say he was blameless and had not committed rape, contending that because the victim's husband had welcomed him into the room, his behavior had been acceptable.

The jury in the Nîmes appeals court was shown visual proof of the victim's unconscious figure, comatose and breathing heavily in a deep sleep, while a smiling the perpetrator engaged in violation repeatedly over a duration of what police said was three and a half hours. The court official said she had been at danger of death by suffocation. The state prosecution said there was no doubt that she had been unaware and had not agreed.

Dogan's Claims

The defendant stated to the court the videos were simply “intimate moments” and denied it was rape. He said what he did was “an intimate behavior”, not rape. He told the court: “I never raped.” He said Gisèle Pelicot’s husband had invited him to the residence, and therefore it was permissible. He said he was deceived by the husband. “I tried to halt,” Dogan told the court. “I carried on because he convinced me.”

Asked if he wanted to make a closing remarks to the court, the defendant said: “I never wanted to injure that woman.”

Victim's Response

Gisèle Pelicot, who was cheered upon leaving court each day by onlookers present to back her, told Dogan in court: “You haven’t understood. When will you admit you violated me? It is unlawful to rape an unconscious woman. At what point did I give you agreement? Never.”

Gisèle Pelicot, 72, became an global icon after she gave up her right to privacy in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

Sie, speaking to Gisèle Pelicot in court, said Dogan’s failure to take responsibility showed that: “The shame remains. Society is maybe in the process of that, possibly driven by the collective awareness brought by the exposure of your case.”

The prosecutor said the defendant's claims of non-guilt showed how rape culture was still common in society as part of “old-fashioned” forms of “male domination”. He said: “Now we must change the culture of violence to a society based on agreement.”

Sie told Dogan: “As long as you reject it, it’s not just a person, it’s an entire disturbing social system that you are endorsing.”

Personal History

The accused was originated from the country of Turkey and at the age of 5 relocated to France, where his father worked as a caretaker. The evidence indicated that his parent was aggressive and that the defendant began using drugs aged 10. When he was 17 he was apprehended by police for drug trafficking and his parent kicked him out of home. He was incarcerated in prison for narcotics offenses in his young adulthood and had worked as a construction worker but had experienced periods of being unhoused.

He was married and had a son with special needs, who he was the principal carer for, as his wife worked in a school canteen. The testimony revealed his wife did not know he had repeated sexual encounters beyond their union. His defence said this was his method of dealing with his challenging existence. Dogan had told a evaluator that each year he sought commercial sex on his special day. His attorneys told the court he had arthritis caused by the anxiety of the original case.