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A man was convicted on retrial of raping Gisèle Pelicot following she was rendered comatose by her then-husband – and received his prison sentence raised to 10 years.

Higher Court Case

Husamettin Dogan, forty-four, an unemployed builder, who had appealed his first conviction last year, underwent a retrial this week at the appeals court in Nîmes.

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

The court heard that the accused, a family man, connected with the victim's spouse, the husband, in an online chatroom titled “unbeknownst to her”, where the husband was recruiting men to come to his home to rape his wife once he had sedated her into a comatose state.

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

Background

The husband, a notorious sexual predators in France's contemporary records, was given a prison term to 20 years in prison last year for drugging his wife at the time and inviting multiple perpetrators to sexually assault her in her home in the Provence village of the village of Mazan over a span of many years of their marriage.

Dozens of additional defendants were found culpable in a notable trial last year, and Dogan was the sole individual to contest his conviction. He was first handed a term to 9 years in prison, a punishment enhanced on Thursday to 10 years.

The chief prosecutor, Dominique Sie, had contended he should serve 12 years, because he “stubbornly rejects to take any blame”.

Courtroom Details

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

Pelicot, who was transported from solitary confinement in prison to temporarily give evidence at the appeal trial, told the court that Dogan had been aware his wife had been “incapacitated” and he said to men by phone: “I want someone to abuse my wife after I’ve rendered her unconscious unbeknownst to her.”

The proceedings became a key topic for a larger conversation on societal attitudes in society as the defendant continued to say he was not guilty and had not perpetrated assault, arguing that because the victim's husband had allowed him into the room, his conduct had been acceptable.

The jury in the Nîmes appeals court was displayed recorded footage of Gisèle Pelicot’s limp body, unconscious and snoring in a comatose state, while a smiling the perpetrator performed assault multiple times over a timeframe of what authorities reported was 3.5 hours. The presiding judge said she had been at peril of death by asphyxiation. The prosecution said there was no question that she had been unconscious and had not agreed.

Defendant's Statements

The defendant informed the court the recordings were simply “sexual encounters” and rejected it was rape. He said what he did was “a sexual act”, not assault. He stated 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 stated to the court. “I proceeded because he convinced me.”

Asked if he wanted to make a last words to the court, the defendant said: “I had no desire to injure that individual.”

Survivor's Statement

Gisèle Pelicot, who was applauded upon departing the trial each day by supporters present to back her, addressed Dogan in court: “You fail to comprehend. When will you admit you assaulted me? It is illegal to assault an incapacitated woman. How could I have give you consent? Not once.”

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

State's Argument

The prosecutor, addressing Gisèle Pelicot in court, said Dogan’s unwillingness to take responsibility showed that: “Guilt has not shifted. Society is perhaps in the course of that, maybe driven by the collective awareness resulting from the exposure of your case.”

The prosecutor said Dogan’s claims of innocence showed how rape culture was still common in society as part of “old-fashioned” forms of “patriarchal control”. He said: “It is imperative to change rape culture to a society based on agreement.”

The prosecutor told Dogan: “As long as you deny it, it’s not just a individual, it’s an entire unpleasant cultural framework that you are endorsing.”

Defendant's Background

Dogan was originated from the country of Turkey and at the age of 5 moved to the nation of France, where his father worked as a concierge. The evidence indicated that his parent was abusive and that Dogan began using drugs aged ten. When he was seventeen he was caught by authorities for dealing drugs and his parent kicked him out of home. He was incarcerated in prison for trafficking in his early 20s and had worked as a laborer but had experienced periods of being unhoused.

He was wed and had a child with special needs, who he was the primary guardian for, as his spouse worked in a school canteen. The court heard his wife did not know he had regular extramarital activities beyond their union. His defence said this was his strategy for managing with his difficult circumstances. The defendant had informed a mental health expert that annually he looked for paid sex on his special day. His lawyers stated to the court he had arthritis resulting from the stress of the initial proceedings.