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An individual was convicted on retrial of raping Gisele Pelicot following she was rendered comatose by her spouse – and was given his incarceration period increased to 10 years.

Appeal Trial

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

A panel of nine jurors, sitting with three judges, found Dogan guilty on Thursday of sexually assaulting Pelicot in her home in southern France in the morning of June 29, 2019.

The evidence showed that Dogan, a married father, made contact with the victim's then husband, Dominique Pelicot, in an digital platform named “unbeknownst to her”, where Pelicot was looking for men to come to his home to rape his wife after he had drugged her into a comatose state.

“We hope the court will affirm that in this society, fundamental rights are also women’s rights – that permission is individual, not delegated,” said the victim's attorney, her legal representative. “Permission is obtained personally and not through someone else from a husband.”

Context

The ex-husband, among the most severe sexual predators in recent French history, was handed a sentence to twenty years in prison last year for sedating his spouse and bringing in numerous individuals to rape her in her home in the town of the village of Mazan over a duration of almost a decade of their marriage.

Fifty other men were found convicted in a widely publicized trial last year, and the appellant was the single defendant to contest his conviction. He was first given a sentence to nine years in prison, a punishment raised on Thursday to ten years.

The state's attorney, Dominique Sie, had argued he should serve twelve years, because he “absolutely refuses to take any responsibility”.

Evidence Presented

Dogan had first sent Dominique Pelicot inappropriate pictures and then traveled an hour from his residence in Provence to rape Gisèle Pelicot, after notifying his wife he was leaving, the evidence indicated.

Pelicot, who was transported from segregation in prison to briefly provide testimony at the retrial, told the court that Dogan had understood his wife had been “drugged” and he told to men by phone: “I want someone to violate my wife after I’ve put her to sleep without her consent.”

The courtroom became a focus point for a larger conversation on sexual violence norms in society as the defendant continued to assert he was not guilty and had not perpetrated assault, arguing that because the victim's husband had invited him into the room, his behavior had been justifiable.

The jury in the higher court was shown recorded footage of Gisèle Pelicot’s limp body, unconscious and snoring in a deep sleep, while a grinning Dogan engaged in violation multiple times over a duration of what authorities reported was several hours. The court official said she had been at danger of fatal outcome by asphyxiation. The state prosecution said there was no doubt that she had been unconscious and had not consented.

Accused's Testimony

Dogan stated to the court the videos were simply “sex scenes” and denied it was violation. He said what he did was “a sexual act”, not assault. He stated the court: “I never raped.” He said Gisèle Pelicot’s husband had brought him to the home, and therefore it was permissible. He said he was manipulated by Dominique Pelicot. “I attempted to cease,” Dogan stated to the court. “I proceeded because he reassured me.”

Asked if he wanted to make a last words to the court, the defendant said: “I never wanted to hurt that woman.”

Survivor's Statement

Gisèle Pelicot, who was applauded upon leaving court each day by crowds present to stand with her, told Dogan in court: “You haven’t understood. When will you acknowledge you violated me? It’s a crime to assault an incapacitated woman. When did I ever give you permission? Not once.”

Gisèle Pelicot, seventy-two, became an international feminist hero after she waived her right to privacy in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

The prosecutor, speaking to the victim in court, said Dogan’s unwillingness to take responsibility showed that: “The shame remains. Society is possibly in the course of that, maybe motivated by the public consciousness brought by the revelation of your situation.”

Sie said Dogan’s claims of blamelessness showed how normalized violence was still widespread in society as part of “archaic” forms of “gender-based power”. He said: “We need to change the culture of violence to a ethos of permission.”

The prosecutor addressed Dogan: “As long as you refuse to admit it, it’s not just a woman, it’s an entire sordid cultural framework that you are upholding.”

Biographical Details

The accused was originated from the country of Turkey and at the age of 5 relocated to France, where his parent worked as a concierge. The court heard that his parent was violent and that Dogan began using drugs aged 10. When Dogan was seventeen he was stopped by authorities for selling narcotics and his father evicted him the family house. He spent time in prison for trafficking in his young adulthood and had worked as a construction worker but had undergone periods of living on the streets.

He was married and had a child with special needs, who he was the principal carer for, as his wife worked in a educational cafeteria. The evidence showed his wife did not know he had frequent sexual encounters outside their union. His defence said this was his strategy for managing with his challenging existence. Dogan had told a court psychologist that once a year he engaged in transactional encounters on his birthday. His lawyers informed the court he had a medical condition caused by the anxiety of the first trial.