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A man has been found guilty on appeal of sexually assaulting Gisele Pelicot after she was rendered comatose by her husband – and was given his jail term extended to 10 years.

Appeal Trial

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

A panel of four women and five men, accompanied by three judges, found Dogan guilty 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 Dogan, a family man, connected with Gisèle Pelicot’s then husband, the husband, in an internet forum titled “without her knowledge”, where the husband was seeking men to enter his residence to assault his wife after he had rendered her unconscious into a deep sleep.

We expect the jury will say loud and clear that in this nation, fundamental rights are also women’s rights – that permission is personal, not given by another,” declared Gisèle Pelicot’s attorney, Antoine Camus. “Agreement is obtained directly and not through someone else from a husband.”

Background

The husband, a notorious sex offenders in recent French history, was handed a sentence to 20 years in prison last year for sedating his then wife and bringing in multiple perpetrators to sexually assault her in her home in the community of Mazan over a period of nearly ten years of their marriage.

Numerous other individuals were found culpable in a high-profile trial last year, and Dogan was the single defendant to appeal against his verdict. He was initially sentenced to nine years in prison, a penalty raised on Thursday to 10 years.

The chief prosecutor, Dominique Sie, had contended he should serve 12 years, because he “absolutely refuses to take any accountability”.

Evidence Presented

The defendant had initially sent the husband graphic images and then driven an hour from his residence in the region to rape the victim, after telling his wife he was going out, the court heard.

Pelicot, who was transported from isolation in prison to temporarily testify at the retrial, stated to the court that the accused had understood his wife had been “sedated” and he told to men by phone: “I want someone to abuse my wife after I’ve rendered her unconscious without her consent.”

The courtroom became a key topic for a broader debate on rape culture in society as the defendant continued to claim he was innocent and had not committed rape, stating that because Gisèle Pelicot’s husband had invited him into the room, his conduct had been justifiable.

The panel in the higher court was displayed video evidence of Gisèle Pelicot’s unresponsive form, comatose and snoring in a comatose state, while a smiling Dogan performed assault on several occasions over a duration of what authorities reported was 3.5 hours. The judge said she had been at peril of death by choking. The state's case said there was no question that she had been incapacitated and had not consented.

Accused's Testimony

Dogan informed the court the recordings were simply “intimate moments” and disputed it was violation. He said what he did was “an intimate behavior”, not assault. He declared the court: “I never raped.” He said the victim's husband had invited him to the residence, and therefore it was permissible. He said he was influenced by Dominique Pelicot. “I tried to halt,” Dogan stated to the court. “I carried on because he persuaded me.”

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

Pelicot's Words

Gisèle Pelicot, who was cheered upon leaving court each day by crowds present to support her, said to the defendant in court: “You fail to comprehend. When are you going to recognise you raped me? It is illegal to assault an unconscious woman. At what point did I give you consent? Not once.”

Gisèle Pelicot, 72, became an symbol of resistance after she gave up her right to anonymity in the trial last year when she said: “The shame should shift.”

Prosecutor's Remarks

Sie, turning to Gisèle Pelicot in court, said the defendant's failure to take accountability showed that: “Shame has not yet changed sides. The community is maybe in the midst of that, possibly driven by the societal understanding brought by the publication of your ordeal.”

The prosecutor said Dogan’s claims of innocence showed how societal tolerance was still widespread in society as part of “archaic” forms of “male domination”. He said: “Now we must change the culture of violence to a culture of consent.”

The prosecutor told the defendant: “While you refuse to admit it, it’s not just a woman, it’s an complete unpleasant cultural framework that you are upholding.”

Defendant's Background

The accused was born in Turkey and at the age of five came to France, where his parent worked as a caretaker. The testimony revealed that his father was aggressive and that Dogan began using drugs aged ten. When Dogan was 17 he was stopped by authorities for drug trafficking and his parent evicted him the family house. He spent time in prison for drug dealing in his twenties and had worked as a builder but had undergone periods of living on the streets.

He was married and had a son with Down’s syndrome, who he was the principal carer for, as his wife worked in a educational cafeteria. The court heard his spouse did not know he had regular extramarital activities beyond their union. His defence said this was his method of dealing with his stressful life. The defendant had informed a mental health expert that each year he engaged in transactional encounters on his birthday. His legal representatives told the court he had arthritis caused by the stress of the initial proceedings.