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A man was declared guilty on appeal of sexually assaulting Gisele Pelicot following she was rendered comatose by her then-husband – and received his jail term increased to ten years.

Retrial Proceedings

Husamettin Dogan, 44, an unemployed builder, who had challenged his initial guilty verdict last year, faced a retrial this week at the higher court in Nîmes.

A panel of nine jurors, sitting with three judges, found Dogan guilty on Thursday of raping the victim in her home in Provence in the early hours of 29 June 2019.

The evidence showed that Dogan, a family man, reached out to the victim's spouse, the husband, in an digital platform named “without her consent”, where Pelicot was seeking men to visit his house to rape his wife after he had sedated her into a unconscious state.

“We hope the panel will say loud and clear that in this country, human rights are also rights of women – that agreement is personal, not transferred,” stated Gisèle Pelicot’s lawyer, her legal representative. “Agreement is received personally and not by proxy from a husband.”

Case History

Dominique Pelicot, a notorious sexual predators in France's contemporary records, was given a prison term to 20 years in prison last year for sedating his then wife and inviting numerous individuals to rape her in her home in the community of Mazan over a span of many years of their marriage.

Numerous other individuals were found convicted in a widely publicized trial last year, and the appellant was the single defendant to appeal against his sentence. He was initially sentenced to nine years in prison, a sentence raised on Thursday to ten years.

The chief prosecutor, Dominique Sie, had argued he should serve 12 years, because he “stubbornly rejects to take any blame”.

Evidence Presented

Dogan had first sent Dominique Pelicot graphic images and then traveled an hour from his town in Provence to rape Gisèle Pelicot, after telling his wife he was going out, the evidence indicated.

The ex-husband, who was brought from segregation in prison to temporarily give evidence at the appeal trial, informed the court that the accused had known his wife had been “incapacitated” and he told to men by phone: “I seek someone to violate my wife after I’ve rendered her unconscious without her knowledge.”

The courtroom became a focus point for a larger conversation on rape culture in society as Dogan continued to claim he was not guilty and had not committed rape, stating that because Gisèle Pelicot’s husband had allowed him into the room, his actions had been permissible.

The panel in the higher court was shown recorded footage of the victim's unresponsive form, sedated and snoring in a unconscious condition, while a smiling Dogan engaged in violation multiple times over a duration of what investigators stated was 3.5 hours. The presiding judge said she had been at danger of death by asphyxiation. The prosecution said there was no question that she had been unaware and had not agreed.

Defendant's Statements

The defendant told the court the recordings were simply “intimate moments” and disputed it was rape. He said what he did was “an intimate behavior”, not assault. He stated the court: “I am innocent of assault.” He said the victim's husband had allowed him to the residence, and therefore it was acceptable. He said he was manipulated by the husband. “I tried to halt,” the accused told the court. “I carried on because he persuaded me.”

Inquired if he wanted to make a closing remarks to the court, Dogan said: “I had no desire to hurt that individual.”

Victim's Response

The victim, who was supported upon leaving court each day by onlookers present to support her, said to the defendant in court: “You do not grasp. When will you acknowledge you violated me? It is unlawful to rape an unaware woman. At what point did I give you agreement? At no time.”

The victim, seventy-two, became an global icon after she gave up her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”

Legal Commentary

The prosecutor, turning to Gisèle Pelicot in court, said Dogan’s failure to take responsibility showed that: “The shame remains. Society is perhaps in the midst of that, possibly driven by the public consciousness brought by the publication of your case.”

Sie said Dogan’s claims of non-guilt showed how societal tolerance was still prevalent in society as part of “outdated” forms of “gender-based power”. He said: “It is imperative to change rape culture to a society based on agreement.”

The prosecutor told Dogan: “While you reject it, it’s not just a person, it’s an whole sordid societal structure that you are upholding.”

Personal History

Dogan was originated from the country of Turkey and at the age of 5 moved to France, where his father worked as a caretaker. The testimony revealed that his father was violent and that the defendant began consuming marijuana aged ten. When he was 17 he was apprehended by authorities for dealing drugs and his father forced him to leave the family house. He served time in prison for trafficking in his early 20s and had worked as a construction worker but had undergone periods of homelessness.

He was married and had a son with Down’s syndrome, who he was the primary guardian for, as his spouse worked in a institution's dining hall. The testimony revealed his spouse did not know he had regular intimate relations outside their marriage. His defence said this was his method of dealing with his difficult circumstances. Dogan had stated to a court psychologist that once a year he looked for paid sex on his special day. His lawyers told the court he had arthritis resulting from the stress of the original case.