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An individual was convicted on higher court review of raping Gisèle Pelicot after she was rendered comatose by her spouse – and received his incarceration period raised to a decade.

Appeal Trial

Husamettin Dogan, forty-four, an unemployed builder, who had challenged his initial guilty verdict last year, underwent a new trial this week at the higher court in Nîmes.

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

The testimony revealed that the accused, a married father, reached out to the victim's spouse, Dominique Pelicot, in an internet forum named “without her consent”, where the husband was seeking men to come to his home to rape his wife once he had rendered her unconscious into a comatose state.

“We hope the court will affirm that in this society, fundamental rights are also women’s rights – that permission is personal, not given by another,” declared the victim's lawyer, Antoine Camus. “Permission is secured personally and not by proxy from a spouse.”

Background

The ex-husband, among the most severe sex offenders in France's contemporary records, was given a prison term to 20 years in prison last year for incapacitating his spouse and inviting dozens of men to sexually assault her in her home in the community of the village of Mazan over a period of many years of their union.

Numerous other individuals were found culpable in a high-profile trial last year, and the appellant was the single defendant to appeal against his verdict. He was first sentenced to nine years in prison, a punishment enhanced on Thursday to ten years.

The state's attorney, the prosecutor, had contended he should serve 12 years, because he “absolutely refuses to take any blame”.

Evidence Presented

Dogan had initially sent the husband graphic images and then traveled an hour from his residence in Provence to assault Gisèle Pelicot, after notifying his wife he was going out, the testimony revealed.

The ex-husband, who was brought from segregation in prison to temporarily provide testimony at the appeal trial, stated to the court that the accused had known his wife had been “sedated” and he communicated to men by phone: “I want someone to violate my wife after I’ve rendered her unconscious unbeknownst to her.”

The proceedings became a focus point for a wider discussion on sexual violence norms in society as the defendant continued to assert he was not guilty and had not committed rape, contending that because the victim's husband had invited him into the residence, his conduct had been acceptable.

The jury in the higher court was shown visual proof of the victim's unresponsive form, sedated and breathing heavily in a deep sleep, while a grinning the perpetrator performed assault repeatedly over a timeframe of what police said was 3.5 hours. The judge said she had been at danger of fatal outcome by choking. The prosecution said there was no doubt that she had been incapacitated and had not consented.

Defendant's Statements

Dogan told the court the videos were simply “sex scenes” and disputed it was violation. He said what he did was “an intimate behavior”, not rape. He stated 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 influenced by the husband. “I wanted to stop,” 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 never wanted to harm that lady.”

Victim's Response

Gisèle Pelicot, who was supported upon departing the trial each day by supporters assembled to back her, told the defendant in court: “You do not grasp. When will you admit you assaulted me? It is unlawful to assault an unconscious woman. How could I have give you agreement? At no time.”

Gisèle Pelicot, seventy-two, became an international feminist hero after she relinquished her right to anonymity in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

Sie, speaking to Gisèle Pelicot in court, said Dogan’s refusal to take blame showed that: “The shame remains. The community is perhaps in the process of that, maybe motivated by the collective awareness brought by the publication of your case.”

Sie said Dogan’s claims of non-guilt showed how rape culture was still common in society as part of “old-fashioned” forms of “male domination”. He said: “It is imperative to change the culture of violence to a society based on agreement.”

Sie said to the defendant: “For as much as you reject it, it’s not just a woman, it’s an complete unpleasant cultural framework that you are supporting.”

Personal History

The accused was originated from the country of Turkey and at the age of 5 relocated to the nation of France, where his parent worked as a caretaker. The court heard that his father was abusive and that Dogan began using drugs at the age of 10. When Dogan was 17 he was apprehended by police for drug trafficking and his father evicted him the family house. He was incarcerated in prison for drug dealing in his early 20s and had worked as a construction worker but had experienced periods of homelessness.

He was wed and had a child with Down’s syndrome, who he was the principal carer for, as his wife worked in a school canteen. The testimony revealed his wife did not know he had frequent sexual encounters outside their union. His defence said this was his method of dealing with his challenging existence. Dogan had stated to a mental health expert that annually he sought transactional encounters on his birthday. His legal representatives told the court he had a medical condition resulting from the anxiety of the original case.