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A defendant was convicted on retrial of raping Gisèle Pelicot following she was rendered comatose by her husband – and has had his jail term increased to 10 years.

Retrial Proceedings

Husamettin Dogan, forty-four, an out-of-work construction worker, who had contested his initial guilty verdict last year, experienced a appeal hearing this week at the appeals court in Nîmes.

A panel of nine jurors, accompanied by three judges, convicted Dogan on Thursday of sexually assaulting Pelicot in her residence in the south of France in the early hours of June 29, 2019.

The court heard that the accused, a married father, made contact with Gisèle Pelicot’s then husband, Dominique Pelicot, in an online chatroom called “without her knowledge”, where Pelicot was seeking men to visit his house to rape his wife after he had drugged her into a deep sleep.

“We hope the jury will say loud and clear that in this nation, human rights are also rights of women – that consent is individual, not delegated,” said Gisèle Pelicot’s attorney, her legal representative. “Permission is received directly and not by proxy from a husband.”

Context

The husband, among the most severe sexual predators in France's contemporary records, was given a prison term to twenty years in prison last year for sedating his spouse and bringing in numerous individuals to sexually assault her in her home in the town of the village of Mazan over a period of many years of their union.

Dozens of additional defendants were found convicted in a high-profile trial last year, and Dogan was the only man to appeal against his sentence. He was originally sentenced to 9 years in prison, a penalty increased on Thursday to 10 years.

The lead state prosecutor, Dominique Sie, had contended he should serve twelve years, because he “absolutely refuses to take any responsibility”.

Testimony and Proof

Dogan had first sent Dominique Pelicot sexually explicit photos and then driven an hour from his residence in the region to assault the victim, after informing his wife he was stepping out, the evidence indicated.

Pelicot, who was transported from segregation in prison to briefly provide testimony at the appeal trial, informed the court that the accused had understood his wife had been “drugged” and he communicated to men by phone: “I want someone to violate my wife after I’ve rendered her unconscious without her knowledge.”

The courtroom became a focus point for a wider discussion on rape culture in society as Dogan continued to claim he was not guilty and had not committed rape, contending that because the victim's husband had invited him into the bedroom, his conduct had been acceptable.

The jury in the Nîmes appeals court was presented with video evidence of the victim's unconscious figure, comatose and breathing heavily in a unconscious condition, while a smiling Dogan committed rape multiple times over a period of what investigators stated was several hours. The presiding judge said she had been at risk of fatal outcome by asphyxiation. The state's case said there was absolute certainty that she had been incapacitated and had not given permission.

Defendant's Statements

Dogan told the court the recordings were simply “sex scenes” and disputed it was assault. He said what he did was “a sexual act”, not assault. He declared the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had brought him to the home, and therefore it was permissible. He said he was deceived by the husband. “I tried to halt,” Dogan stated to the court. “I continued because he convinced me.”

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

Pelicot's Words

The survivor, who was applauded upon departing the trial each day by crowds present to back her, said to the defendant in court: “You haven’t understood. When will you admit you raped me? It’s a crime to rape an incapacitated woman. When did I ever give you consent? Never.”

The victim, seventy-two, became an global icon after she gave up her right to anonymity in the trial last year when she said: “Shame must change sides.”

State's Argument

Sie, speaking to Gisèle Pelicot in court, said Dogan’s refusal to take accountability showed that: “Guilt has not shifted. The community is possibly in the process of that, possibly driven by the public consciousness resulting from the revelation of your ordeal.”

Sie said Dogan’s claims of non-guilt showed how societal tolerance was still common in society as part of “outdated” forms of “gender-based power”. He said: “It is imperative to change rape culture to a society based on agreement.”

The prosecutor said to Dogan: “As long as you refuse to admit it, it’s not just a individual, it’s an entire unpleasant social system that you are supporting.”

Defendant's Background

Dogan was originated from the country of Turkey and at the age of five relocated to the nation of France, where his father worked as a caretaker. The evidence indicated that his father was aggressive and that the defendant began using drugs aged 10. When he was seventeen he was apprehended by authorities for selling narcotics and his father forced him to leave the family house. He spent time in prison for trafficking in his early 20s and had worked as a laborer but had undergone periods of living on the streets.

He was married and had a child with special needs, who he was the principal carer for, as his wife worked in a educational cafeteria. The testimony revealed his spouse did not know he had regular sexual encounters beyond their union. His legal team said this was his method of dealing with his difficult circumstances. The defendant had informed a evaluator that once a year he sought paid sex on his special day. His attorneys stated to the court he had joint inflammation triggered by the pressure of the original case.