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A man was declared guilty on appeal of raping Gisele Pelicot following she was rendered comatose by her then-husband – and received his incarceration period increased to 10 years.

Higher Court Case

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

A jury of four women and five men, accompanied by three judges, ruled against Dogan on Thursday of raping the victim in her bedroom in the south of France in the morning of June 29, 2019.

The court heard that the accused, a married father, connected with Gisèle Pelicot’s husband at the time, the husband, in an digital platform titled “without her consent”, where Pelicot was looking for men to visit his house to assault his wife after he had sedated her into a comatose state.

“We hope the jury will declare that in this society, fundamental rights are also rights of women – that agreement is personal, not delegated,” stated the victim's attorney, Antoine Camus. “Consent is obtained directly and not through someone else from a spouse.”

Context

The ex-husband, among the most severe sexual predators in modern French history, was given a prison term to 20 years in prison last year for sedating his spouse and soliciting multiple perpetrators to sexually assault her in her home in the community of the village of Mazan over a span of almost a decade of their marriage.

Fifty other men were found culpable in a widely publicized trial last year, and Dogan was the single defendant to challenge his verdict. He was first sentenced to nine years in prison, a penalty enhanced on Thursday to ten years.

The chief prosecutor, the prosecutor, had contended he should serve twelve years, because he “completely denies to take any accountability”.

Evidence Presented

Dogan had initially sent the husband sexually explicit photos and then driven an hour from his village in the region to assault the victim, after telling his wife he was stepping out, the evidence indicated.

Pelicot, who was transported from segregation in prison to temporarily testify at the appeal trial, informed the court that Dogan had been aware his wife had been “sedated” and he said to men by phone: “I seek someone to abuse my wife after I’ve put her to sleep without her consent.”

The proceedings became a key topic for a broader debate on rape culture in society as Dogan continued to claim he was innocent and had not perpetrated assault, contending that because Gisèle Pelicot’s husband had invited him into the residence, his behavior had been permissible.

The panel in the higher court was presented with video evidence of the victim's limp body, sedated and snoring in a comatose state, while a smiling Dogan committed rape repeatedly over a timeframe of what police said was several hours. The judge said she had been at risk of fatal outcome by choking. The state's case said there was absolute certainty that she had been incapacitated and had not given permission.

Defendant's Statements

The defendant stated to the court the recordings were simply “intimate moments” and denied it was rape. He said what he did was “a consensual activity”, not assault. He stated the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had brought him to the residence, and therefore it was permissible. He said he was manipulated by the husband. “I tried to halt,” the accused told the court. “I proceeded because he convinced me.”

Asked if he wanted to make a final statement to the court, Dogan said: “I never wanted to injure that woman.”

Survivor's Statement

The survivor, who was cheered upon leaving court each day by crowds assembled to stand with her, said to the defendant in court: “You do not grasp. When will you admit you raped me? It is illegal to assault an incapacitated woman. When did I ever give you agreement? At no time.”

Gisèle Pelicot, seventy-two, became an international feminist hero after she gave up her right to confidentiality in the trial last year when she said: “The shame should shift.”

Prosecutor's Remarks

Sie, addressing the victim in court, said the defendant's failure to take blame showed that: “Guilt has not shifted. The public is possibly in the course of that, maybe motivated by the collective awareness resulting from the publication of your case.”

Sie said the defendant's claims of innocence showed how rape culture was still widespread in society as part of “outdated” forms of “male domination”. He said: “Now we must change the culture of violence to a ethos of permission.”

Sie addressed Dogan: “For as much as you deny it, it’s not just a individual, it’s an complete disturbing cultural framework that you are supporting.”

Defendant's Background

Dogan was originated from the country of Turkey and at the age of five came to France, where his parent worked as a building manager. The court heard that his parent was abusive and that the defendant began smoking cannabis at the age of 10. When he was seventeen he was caught by police for drug trafficking and his parent forced him to leave the family house. He was incarcerated in prison for trafficking in his twenties and had worked as a laborer but had experienced periods of being unhoused.

He was married and had a child with special needs, who he was the main caregiver for, as his spouse worked in a school canteen. The evidence showed his spouse did not know he had frequent extramarital activities outside their marriage. His defence said this was his method of dealing with his challenging existence. Dogan had told a court psychologist that each year he looked for commercial sex on his birthday. His lawyers informed the court he had joint inflammation resulting from the pressure of the initial proceedings.