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A defendant was declared guilty on higher court review of raping Gisèle Pelicot following she was rendered comatose by her spouse – and was given his jail term raised to 10 years.

Retrial Proceedings

Husamettin Dogan, 44, an out-of-work construction worker, who had appealed his first conviction last year, faced a new trial this week at the appeals court in Nîmes.

A jury of four women and five men, accompanied by three judges, ruled against Dogan on Thursday of raping Pelicot in her bedroom in southern France in the early hours of 29 June 2019.

The testimony revealed that the accused, a married father, reached out to Gisèle Pelicot’s husband at the time, Dominique Pelicot, in an internet forum titled “without her consent”, where Pelicot was recruiting men to visit his house to assault his wife once he had drugged her into a unconscious state.

“We hope the panel will say loud and clear that in this country, human rights are also women’s rights – that consent is personal, not delegated,” said the victim's attorney, Antoine Camus. “Agreement is secured directly and not via a representative from a husband.”

Background

Dominique Pelicot, a notorious sex offenders in modern French history, was sentenced to 20 years in prison last year for sedating his spouse and inviting numerous individuals to sexually assault her in her home in the Provence village of Mazan over a period of nearly ten years of their union.

Numerous other individuals were found convicted in a high-profile trial last year, and Dogan was the only man to challenge his verdict. He was first sentenced to 9 years in prison, a punishment increased on Thursday to ten years.

The chief prosecutor, the prosecutor, had argued he should serve twelve years, because he “absolutely refuses to take any blame”.

Testimony and Proof

The defendant had initially sent Dominique Pelicot inappropriate pictures and then traveled an hour from his town in the region to rape the victim, after informing his wife he was stepping out, the testimony revealed.

The ex-husband, who was brought from isolation in prison to briefly testify 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’m looking for someone to assault my wife after I’ve rendered her unconscious without her consent.”

The trial became a key topic for a wider discussion on rape culture in society as Dogan continued to assert he was blameless and had not committed rape, contending that because Gisèle Pelicot’s husband had welcomed him into the room, his conduct had been acceptable.

The jury in the higher court was displayed visual proof of the victim's limp body, unconscious and breathing heavily in a comatose state, while a grinning Dogan committed rape repeatedly over a duration of what authorities reported was several hours. The court official said she had been at risk of death by choking. The state's case said there was absolute certainty that she had been unconscious and had not consented.

Accused's Testimony

The defendant told the court the footage were simply “intimate moments” and denied it was rape. He said what he did was “an intimate behavior”, not assault. He told the court: “I never raped.” He said the victim's husband had brought him to the house, and therefore it was permissible. He said he was manipulated by Dominique Pelicot. “I wanted to stop,” the accused told the court. “I continued because he persuaded me.”

Inquired if he wanted to make a final statement to the court, Dogan said: “I never wanted to harm that woman.”

Victim's Response

The victim, who was applauded upon leaving court each day by supporters present to stand with her, said to the defendant in court: “You fail to comprehend. When will you acknowledge you raped me? It is illegal to rape an unaware woman. When did I ever give you permission? At no time.”

The victim, 72, became an symbol of resistance after she waived her right to privacy in the trial last year when she said: “Shame must change sides.”

Legal Commentary

Sie, speaking to the victim in court, said the defendant's unwillingness to take responsibility showed that: “Guilt has not shifted. The public is perhaps in the midst of that, perhaps propelled by the societal understanding brought by the exposure of your situation.”

The prosecutor said the defendant's claims of innocence showed how normalized violence was still widespread in society as part of “outdated” forms of “male domination”. He said: “Now we must change rape culture to a ethos of permission.”

Sie addressed the defendant: “While you reject it, it’s not just a individual, it’s an entire disturbing societal structure that you are supporting.”

Personal History

Dogan was born in Turkey and at the age of 5 came to the nation of France, where his father worked as a concierge. The court heard that his father was abusive and that the defendant began using drugs aged ten. When Dogan was 17 he was caught by authorities for drug trafficking and his father evicted him the residence. He served time in prison for narcotics offenses in his young adulthood and had worked as a builder but had experienced 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 school canteen. The testimony revealed his spouse did not know he had regular extramarital activities outside their union. His legal team said this was his way of coping with his stressful life. The defendant had informed a court psychologist that each year he engaged in paid sex on his special day. His lawyers informed the court he had arthritis caused by the anxiety of the original case.