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A defendant has been found guilty on higher court review of raping Gisele Pelicot after she was rendered comatose by her then-husband – and was given his prison sentence extended to 10 years.

Appeal Trial

Husamettin Dogan, 44, an out-of-work construction worker, who had contested his first conviction last year, experienced a new trial this week at the higher court in Nîmes.

A panel of nine jurors, sitting with three judges, convicted Dogan on Thursday of raping the victim in her residence in the south of France in the morning of 29 June 2019.

The court heard that the accused, a family man, made contact with Gisèle Pelicot’s spouse, Dominique Pelicot, in an internet forum titled “without her consent”, where Pelicot was recruiting men to visit his house to rape his wife after he had rendered her unconscious into a deep sleep.

We trust the jury will declare that in this society, human rights are also women’s rights – that agreement is individual, not transferred,” said Gisèle Pelicot’s attorney, her legal representative. “Agreement is received personally and not by proxy from a husband.”

Context

The husband, a notorious sexual predators in recent French history, was sentenced to twenty years in prison last year for drugging his then wife and soliciting numerous individuals to rape her in her home in the community of the village of Mazan over a period of almost a decade of their union.

Fifty other men were found convicted in a high-profile trial last year, and Dogan was the only man to contest his sentence. He was originally given a sentence to 9 years in prison, a punishment enhanced on Thursday to ten years.

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

Evidence Presented

Dogan had first sent the husband sexually explicit photos and then driven an hour from his residence in the region to assault Gisèle Pelicot, after notifying his wife he was leaving, the testimony revealed.

The ex-husband, who was brought from segregation in prison to temporarily provide testimony at the hearing, stated to the court that Dogan had understood his wife had been “incapacitated” and he told to men by phone: “I want someone to assault my wife after I’ve put her to sleep unbeknownst to her.”

The courtroom became a focus point for a larger conversation on sexual violence norms in society as Dogan continued to claim he was not guilty and had not engaged in violation, contending that because Gisèle Pelicot’s husband had invited him into the bedroom, his conduct had been acceptable.

The jury in the higher court was presented with recorded footage of Gisèle Pelicot’s limp body, comatose and snoring in a unconscious condition, while a grinning the perpetrator engaged in violation on several occasions over a duration of what police said was several hours. The presiding judge said she had been at peril of death by asphyxiation. The state's case said there was no doubt that she had been unconscious and had not consented.

Defendant's Statements

Dogan informed the court the recordings were simply “intimate moments” and disputed it was assault. He said what he did was “an intimate behavior”, not rape. He declared the court: “I am innocent of assault.” He said the victim's husband had invited him to the house, and therefore it was permissible. He said he was deceived by the husband. “I tried to halt,” Dogan stated to the court. “I carried on because he convinced me.”

Questioned if he wanted to make a final statement to the court, the defendant said: “I never wanted to injure that lady.”

Survivor's Statement

Gisèle Pelicot, who was cheered upon leaving court each day by crowds present to support her, told the defendant in court: “You do not grasp. When are you going to recognise you violated me? It is unlawful to rape an unaware woman. How could I have give you permission? At no time.”

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

Legal Commentary

Sie, turning to Gisèle Pelicot in court, said the defendant's failure to take blame showed that: “Shame has not yet changed sides. The community is maybe in the process of that, maybe propelled by the collective awareness resulting from the revelation of your case.”

Sie said the defendant's claims of non-guilt showed how rape culture was still common in society as part of “outdated” forms of “gender-based power”. He said: “We need to change rape culture to a society based on agreement.”

Sie told Dogan: “As long as you refuse to admit it, it’s not just a person, it’s an whole disturbing social system that you are supporting.”

Defendant's Background

Dogan was originated from Turkey and at the age of 5 came to France, where his father worked as a building manager. The evidence indicated that his father was aggressive and that the defendant began consuming marijuana at the age of 10. When he was seventeen he was apprehended by police for drug trafficking and his father evicted him of home. He was incarcerated in prison for trafficking in his young adulthood and had worked as a laborer but had experienced periods of being unhoused.

He was wed and had a child with a genetic condition, who he was the principal carer for, as his spouse worked in a educational cafeteria. The evidence showed his spouse did not know he had regular sexual encounters beyond their union. His defence said this was his strategy for managing with his challenging existence. The defendant had stated to a mental health expert that once a year he engaged in paid sex on his special day. His legal representatives stated to the court he had joint inflammation caused by the pressure of the original case.