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An individual has been found guilty on retrial of raping Gisèle Pelicot after she was rendered comatose by her then-husband – and received his jail term increased to 10 years.

Appeal Trial

Husamettin Dogan, 44, an out-of-work construction worker, who had appealed his initial guilty verdict last year, experienced a appeal hearing this week at the higher court in Nîmes.

A panel of nine jurors, accompanied by three judges, ruled against Dogan on Thursday of raping Pelicot in her home in Provence in the morning of 29 June 2019.

The evidence showed that the accused, a married father, reached out to the victim's spouse, the husband, in an online chatroom named “unbeknownst to her”, where Pelicot was seeking men to come to his home to assault his wife after he had rendered her unconscious into a comatose state.

We trust the jury will say loud and clear that in this nation, fundamental rights are also women’s rights – that permission is individual, not transferred,” declared Gisèle Pelicot’s lawyer, Antoine Camus. “Consent is received personally and not via a representative from a husband.”

Background

The ex-husband, among the most severe sexual predators in France's contemporary records, was given a prison term to two decades in prison last year for incapacitating his spouse and bringing in numerous individuals to sexually assault her in her home in the Provence village of the village of Mazan over a period of many years of their marriage.

Fifty other men were found guilty in a widely publicized trial last year, and Dogan was the sole individual to challenge his conviction. He was originally sentenced to 9 years in prison, a sentence raised on Thursday to ten years.

The lead state prosecutor, Dominique Sie, had argued he should serve 12 years, because he “absolutely refuses to take any blame”.

Evidence Presented

Dogan had initially sent the husband sexually explicit photos and then driven an hour from his town in Provence to rape Gisèle Pelicot, after informing his wife he was stepping out, the evidence indicated.

The ex-husband, who was brought from segregation in prison to temporarily testify at the appeal trial, informed the court that the accused had known his wife had been “incapacitated” and he said to men by phone: “I want someone to abuse my wife after I’ve put her to sleep unbeknownst to her.”

The courtroom became a central issue for a broader debate on rape culture in society as the defendant continued to claim he was not guilty and had not engaged in violation, arguing that because Gisèle Pelicot’s husband had welcomed him into the bedroom, his conduct had been justifiable.

The panel in the Nîmes appeals court was shown video evidence of Gisèle Pelicot’s unconscious figure, comatose and breathing heavily in a deep sleep, while a smiling the perpetrator engaged in violation repeatedly over a duration of what police said was three and a half hours. The presiding judge said she had been at risk of fatal outcome by asphyxiation. The prosecution said there was absolute certainty that she had been unconscious and had not agreed.

Defendant's Statements

The defendant told the court the footage were simply “sex scenes” and denied it was assault. He said what he did was “a consensual activity”, not assault. He stated the court: “I never raped.” He said Gisèle Pelicot’s husband had brought him to the residence, and therefore it was permissible. He said he was influenced by the husband. “I attempted to cease,” Dogan told the court. “I continued because he persuaded me.”

Inquired if he wanted to make a final statement to the court, Dogan said: “I did not intend to harm that lady.”

Pelicot's Words

The victim, who was cheered upon departing the trial each day by onlookers present to stand with her, addressed Dogan in court: “You haven’t understood. When will you admit you violated me? It is illegal to assault an incapacitated woman. At what point did I give you permission? At no time.”

The victim, 72, became an international feminist hero after she relinquished her right to confidentiality in the trial last year when she said: “The shame should shift.”

Prosecutor's Remarks

The prosecutor, turning to Gisèle Pelicot in court, said Dogan’s refusal to take responsibility showed that: “The shame remains. The community is maybe in the process of that, maybe driven by the collective awareness spurred by the revelation of your case.”

The prosecutor said Dogan’s claims of innocence showed how normalized violence was still widespread in society as part of “outdated” forms of “male domination”. He said: “We need to change rape culture to a society based on agreement.”

The prosecutor addressed the defendant: “For as much as you reject it, it’s not just a person, it’s an entire disturbing societal structure that you are supporting.”

Biographical Details

Dogan was originated from Turkey and at the age of five moved to France, where his parent worked as a caretaker. The court heard that his father was aggressive and that Dogan began consuming marijuana at the age of 10. When he was seventeen he was apprehended by police for drug trafficking and his parent kicked him out of home. He spent time in prison for trafficking in his twenties and had worked as a laborer but had undergone periods of being unhoused.

He was married and had a child with special needs, who he was the primary guardian for, as his spouse worked in a school canteen. The evidence showed his wife did not know he had regular intimate relations beyond their union. His legal team said this was his strategy for managing with his challenging existence. Dogan had told a court psychologist that annually he looked for commercial sex on his birthday. His legal representatives informed the court he had arthritis resulting from the stress of the initial proceedings.