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An individual was convicted on appeal of raping Gisele Pelicot following she was rendered comatose by her spouse – and has had his jail term extended to a decade.

Higher Court Case

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

A panel of four women and five men, sitting with three judges, found Dogan guilty on Thursday of sexually assaulting the victim in her residence in the south of France in the morning of June 29, 2019.

The evidence showed that Dogan, a family man, made contact with the victim's then husband, the husband, in an internet forum called “unbeknownst to her”, where the husband was looking for men to come to his home to rape his wife after he had rendered her unconscious into a unconscious state.

We trust the panel will affirm that in this nation, fundamental rights are also rights of women – that consent is personal, not given by another,” declared the victim's lawyer, Antoine Camus. “Agreement is obtained personally and not via a representative from a husband.”

Background

The husband, a notorious sexual predators in recent French history, was sentenced to two decades in prison last year for sedating his then wife and soliciting dozens of men to sexually assault her in her home in the town of Mazan over a span of many years of their marriage.

Dozens of additional defendants were found culpable in a high-profile trial last year, and Dogan was the single defendant to contest his verdict. He was first sentenced to 9 years in prison, a penalty increased on Thursday to ten years.

The lead state prosecutor, Dominique Sie, had contended he should serve twelve years, because he “absolutely refuses to take any accountability”.

Courtroom Details

Dogan had first sent Dominique Pelicot inappropriate pictures and then driven an hour from his town in Provence to assault Gisèle Pelicot, after informing his wife he was stepping out, the testimony revealed.

The ex-husband, who was transported from solitary confinement in prison to briefly provide testimony at the hearing, stated to the court that the accused had understood his wife had been “drugged” and he told to men by phone: “I seek someone to abuse my wife after I’ve put her to sleep without her consent.”

The trial became a focus point for a wider discussion on sexual violence norms in society as Dogan continued to say he was blameless and had not committed rape, stating that because the victim's husband had invited him into the residence, his conduct had been acceptable.

The panel in the Nîmes appeals court was shown recorded footage of the victim's unconscious figure, comatose and breathing heavily in a deep sleep, while a grinning the perpetrator committed rape on several occasions over a duration of what investigators stated was three and a half hours. The judge said she had been at danger of fatal outcome by suffocation. The state prosecution said there was no doubt that she had been unconscious and had not given permission.

Defendant's Statements

The defendant stated to the court the videos were simply “sexual encounters” and disputed it was violation. He said what he did was “a consensual activity”, not rape. He declared the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had allowed him to the residence, and therefore it was permissible. He said he was manipulated by the husband. “I wanted to stop,” Dogan stated to the court. “I continued because he persuaded me.”

Questioned if he wanted to make a closing remarks to the court, Dogan said: “I did not intend to harm that individual.”

Pelicot's Words

Gisèle Pelicot, who was cheered upon leaving court each day by supporters assembled to support her, told the defendant in court: “You fail to comprehend. When are you going to recognise you assaulted me? It’s a crime to assault an unconscious woman. How could I have give you consent? At no time.”

Gisèle Pelicot, seventy-two, became an global icon after she relinquished her right to confidentiality in the trial last year when she said: “Shame must change sides.”

Legal Commentary

Sie, addressing the victim in court, said the defendant's failure to take blame showed that: “The shame remains. The public is perhaps in the course of that, maybe driven by the public consciousness spurred by the exposure of your ordeal.”

Sie said the defendant'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: “We need to change rape culture to a ethos of permission.”

The prosecutor said to the defendant: “While you reject it, it’s not just a individual, it’s an whole disturbing social system that you are endorsing.”

Defendant's Background

The accused was originated from the country of Turkey and at the age of 5 relocated to the nation of France, where his parent worked as a caretaker. The evidence indicated that his father was violent and that the defendant began consuming marijuana at the age of 10. When he was 17 he was apprehended by authorities for drug trafficking and his parent kicked him out the residence. He was incarcerated in prison for drug dealing in his young adulthood and had worked as a laborer but had experienced periods of homelessness.

He was wed and had a child with Down’s syndrome, who he was the principal carer for, as his wife worked in a institution's dining hall. The evidence showed his spouse did not know he had repeated extramarital activities outside their union. His defence said this was his method of dealing with his challenging existence. Dogan had told a mental health expert that annually he sought transactional encounters on his birthday. His attorneys told the court he had a medical condition caused by the anxiety of the first trial.