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An individual was convicted on retrial of sexually assaulting Gisele Pelicot after she was rendered comatose by her then-husband – and was given his prison sentence raised to a decade.

Higher Court Case

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

A jury of four women and five men, joined by three judges, found Dogan guilty on Thursday of raping the victim in her bedroom in Provence in the morning of 29 June 2019.

The testimony revealed that the accused, a married father, reached out to Gisèle Pelicot’s then husband, Dominique Pelicot, in an internet forum named “without her knowledge”, where Pelicot was looking for men to visit his house to rape his wife once he had rendered her unconscious into a unconscious state.

“We hope the jury will affirm that in this society, human rights are also women’s rights – that agreement is personal, not transferred,” declared Gisèle Pelicot’s lawyer, Antoine Camus. “Agreement is obtained personally and not by proxy from a spouse.”

Context

The husband, among the most severe sex offenders in recent French history, was sentenced to two decades in prison last year for drugging his wife at the time and inviting numerous individuals to sexually assault her in her home in the Provence village of the village of Mazan over a duration of many years of their marriage.

Fifty other men were found convicted in a high-profile trial last year, and Dogan was the sole individual to appeal against his sentence. He was first given a sentence to 9 years in prison, a sentence enhanced on Thursday to ten years.

The lead state prosecutor, the prosecutor, had argued he should serve twelve years, because he “stubbornly rejects to take any accountability”.

Evidence Presented

Dogan had first sent Dominique Pelicot sexually explicit photos and then traveled an hour from his residence in Provence to rape Gisèle Pelicot, after telling his wife he was stepping out, the court heard.

The ex-husband, who was transported from solitary confinement in prison to briefly testify at the hearing, stated to the court that Dogan had been aware his wife had been “sedated” and he communicated to men by phone: “I’m looking for someone to violate my wife after I’ve rendered her unconscious without her knowledge.”

The proceedings became a key topic for a wider discussion on societal attitudes in society as the defendant continued to say he was not guilty and had not engaged in violation, stating that because Gisèle Pelicot’s husband had allowed him into the residence, his conduct had been justifiable.

The panel in the Nîmes appeals court was shown video evidence of the victim's unresponsive form, sedated and snoring in a deep sleep, while a grinning the perpetrator committed rape multiple times over a period of what police said was several hours. The court official said she had been at peril of fatal outcome by asphyxiation. The prosecution said there was absolute certainty that she had been incapacitated and had not agreed.

Defendant's Statements

Dogan stated to the court the recordings were simply “intimate moments” and disputed it was assault. He said what he did was “a sexual act”, not assault. He declared the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had brought him to the house, and therefore it was permissible. He said he was influenced by the husband. “I attempted to cease,” the accused told the court. “I proceeded because he convinced me.”

Asked if he wanted to make a last words to the court, Dogan said: “I had no desire to injure that woman.”

Pelicot's Words

Gisèle Pelicot, who was applauded upon departing the trial each day by crowds gathered to stand with her, addressed Dogan in court: “You fail to comprehend. When are you going to recognise you assaulted me? It’s a crime to rape an incapacitated woman. When did I ever give you consent? Never.”

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

State's Argument

Sie, speaking to Gisèle Pelicot in court, said Dogan’s refusal to take accountability showed that: “The shame remains. The public is possibly in the midst of that, possibly propelled by the societal understanding resulting from the revelation of your case.”

The prosecutor said Dogan’s claims of innocence showed how rape culture was still prevalent in society as part of “old-fashioned” forms of “patriarchal control”. He said: “We need to change the culture of violence to a culture of consent.”

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

Defendant's Background

Dogan was originated from the country of Turkey and at the age of 5 moved to France, where his parent worked as a building manager. The testimony revealed that his father was aggressive and that the defendant began consuming marijuana aged ten. When Dogan was 17 he was caught by authorities for drug trafficking and his parent kicked him out the residence. He spent time in prison for drug dealing in his early 20s and had worked as a construction worker but had faced periods of being unhoused.

He was wed and had a child with Down’s syndrome, who he was the main caregiver for, as his spouse worked in a school canteen. The court heard his spouse did not know he had regular intimate relations beyond their marriage. His legal team said this was his strategy for managing with his challenging existence. Dogan had stated to a court psychologist that annually he engaged in paid sex on his birthday. His legal representatives told the court he had joint inflammation resulting from the pressure of the first trial.