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A man was declared guilty on higher court review of raping Gisèle Pelicot after she was rendered comatose by her husband – and was given his incarceration period extended to 10 years.

Retrial Proceedings

Husamettin Dogan, 44, an out-of-work construction worker, who had challenged his initial guilty verdict last year, experienced a new trial this week at the Nîmes court of appeal.

A panel of five men and four women, accompanied by three judges, found Dogan guilty on Thursday of sexually assaulting the victim in her residence in southern France in the morning of June 29, 2019.

The testimony revealed that Dogan, a married father, made contact with the victim's then husband, Dominique Pelicot, in an online chatroom named “without her knowledge”, where Pelicot was looking for men to visit his house to rape his wife after he had rendered her unconscious into a comatose state.

“We hope the panel will say loud and clear that in this nation, human rights are also women’s rights – that permission is individual, not transferred,” declared Gisèle Pelicot’s lawyer, Antoine Camus. “Agreement is secured directly and not via a representative from a husband.”

Context

The ex-husband, among the most severe sexual predators in recent French history, was sentenced to two decades in prison last year for sedating his wife at the time and inviting dozens of men to sexually assault her in her home in the community of the village of Mazan over a period of nearly ten years of their marriage.

Fifty other men were found guilty in a high-profile trial last year, and the appellant was the only man to challenge his conviction. He was originally sentenced to nine years in prison, a punishment raised on Thursday to 10 years.

The chief prosecutor, the prosecutor, had argued he should serve 12 years, because he “absolutely refuses to take any responsibility”.

Testimony and Proof

Dogan had initially sent Dominique Pelicot graphic images and then driven an hour from his residence in the region to assault Gisèle Pelicot, after informing his wife he was leaving, the testimony revealed.

Pelicot, who was transported from segregation in prison to briefly provide testimony at the hearing, stated to the court that Dogan had been aware his wife had been “drugged” and he told to men by phone: “I’m looking for someone to abuse my wife after I’ve sedated her without her consent.”

The trial became a key topic for a larger conversation on rape culture in society as Dogan continued to say he was not guilty and had not committed rape, contending that because Gisèle Pelicot’s husband had welcomed him into the residence, his behavior had been acceptable.

The panel in the higher court was displayed video evidence of Gisèle Pelicot’s unconscious figure, unconscious and snoring in a comatose state, while a smiling the perpetrator engaged in violation repeatedly over a duration of what investigators stated was several hours. The judge said she had been at danger of death by asphyxiation. The state's case said there was no question that she had been unconscious and had not consented.

Defendant's Statements

Dogan stated to the court the footage were simply “sex scenes” and disputed it was assault. He said what he did was “a consensual activity”, not rape. He told the court: “I never raped.” He said Gisèle Pelicot’s husband had brought him to the home, and therefore it was OK. He said he was influenced by Dominique Pelicot. “I tried to halt,” Dogan stated to the court. “I carried on because he persuaded me.”

Asked if he wanted to make a closing remarks to the court, Dogan said: “I had no desire to hurt that individual.”

Survivor's Statement

The victim, who was applauded upon departing the trial each day by crowds gathered to back her, addressed the defendant in court: “You haven’t understood. When will you admit you raped me? It’s a crime to rape an unconscious woman. How could I have give you agreement? Not once.”

The victim, 72, became an symbol of resistance after she gave up her right to anonymity in the trial last year when she said: “Guilt ought to transfer.”

State's Argument

Sie, speaking to Gisèle Pelicot in court, said the defendant's refusal to take accountability showed that: “The shame remains. The community is maybe in the process of that, maybe driven by the public consciousness spurred by the exposure of your case.”

The prosecutor said Dogan’s claims of non-guilt showed how normalized violence was still widespread in society as part of “archaic” forms of “male domination”. He said: “It is imperative to change the culture of violence to a ethos of permission.”

The prosecutor said to the defendant: “As long as you refuse to admit it, it’s not just a individual, it’s an complete sordid societal structure that you are supporting.”

Biographical Details

Dogan was originated from Turkey and at the age of five came to the nation of France, where his father worked as a caretaker. The court heard that his parent was aggressive and that Dogan began smoking cannabis at the age of 10. When he was seventeen he was caught by authorities for selling narcotics and his parent kicked him out the family house. He served time in prison for narcotics offenses in his early 20s and had worked as a laborer but had undergone periods of being unhoused.

He was wed and had a child with special needs, who he was the principal carer for, as his spouse worked in a institution's dining hall. The court heard his wife did not know he had repeated sexual encounters outside their union. His legal team said this was his strategy for managing with his difficult circumstances. Dogan had informed a mental health expert that once a year he sought transactional encounters on his special day. His lawyers told the court he had joint inflammation triggered by the anxiety of the initial proceedings.