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An individual was declared guilty on higher court review of raping Gisèle Pelicot following she was rendered comatose by her husband – and has had his incarceration period extended to 10 years.

Retrial Proceedings

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

A jury of five men and four women, sitting with three judges, convicted Dogan on Thursday of raping the victim in her home in southern France in the morning of 29 June 2019.

The testimony revealed that Dogan, a married father, reached out to the victim's spouse, the husband, in an internet forum titled “unbeknownst to her”, where the husband was recruiting men to enter his residence to assault his wife after he had drugged her into a unconscious state.

We expect the jury will say loud and clear that in this country, human rights are also women’s rights – that permission is individual, not given by another,” stated Gisèle Pelicot’s lawyer, Antoine Camus. “Consent is received directly and not through someone else from a husband.”

Context

The ex-husband, one of the worst sex offenders in modern French history, was given a prison term to twenty years in prison last year for incapacitating his wife at the time and soliciting dozens of men to rape her in her home in the Provence village of Mazan over a period of almost a decade of their marriage.

Numerous other individuals were found convicted in a high-profile trial last year, and the appellant was the sole individual to contest his conviction. He was initially given a sentence to nine years in prison, a punishment enhanced on Thursday to 10 years.

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

Courtroom Details

The defendant had initially sent Dominique Pelicot inappropriate pictures and then driven an hour from his town in the region to rape the victim, after notifying his wife he was leaving, the evidence indicated.

The ex-husband, who was transported from solitary confinement in prison to temporarily testify at the hearing, stated to the court that the accused had been aware his wife had been “incapacitated” 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 trial became a focus point for a wider discussion on rape culture in society as Dogan continued to claim he was blameless and had not engaged in violation, arguing that because Gisèle Pelicot’s husband had invited him into the room, his actions had been justifiable.

The jury in the Nîmes appeals court was presented with recorded footage of the victim's unresponsive form, comatose and snoring in a comatose state, while a smiling the perpetrator performed assault multiple times over a timeframe of what police said was 3.5 hours. The judge said she had been at danger of death by suffocation. The state's case said there was absolute certainty that she had been unconscious and had not consented.

Accused's Testimony

Dogan informed the court the videos were simply “sexual encounters” and denied it was violation. He said what he did was “a consensual activity”, not rape. He told the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had allowed him to the home, and therefore it was permissible. He said he was influenced by the husband. “I tried to halt,” Dogan stated to the court. “I proceeded because he persuaded me.”

Questioned if he wanted to make a last words to the court, the defendant said: “I had no desire to hurt that lady.”

Victim's Response

The survivor, who was supported upon leaving court each day by supporters gathered to stand with her, addressed the defendant in court: “You haven’t understood. When will you acknowledge you assaulted me? It is unlawful to rape an unaware woman. At what point did I give you permission? At no time.”

Gisèle Pelicot, 72, became an symbol of resistance after she relinquished 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 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 resulting from the revelation of your situation.”

Sie said the defendant's claims of non-guilt showed how normalized violence was still prevalent in society as part of “old-fashioned” forms of “male domination”. He said: “Now we must change rape culture to a culture of consent.”

Sie addressed the defendant: “While you deny it, it’s not just a person, it’s an complete unpleasant cultural framework that you are upholding.”

Defendant's Background

The accused was originated from the country of Turkey and at the age of 5 moved to France, where his father worked as a building manager. The evidence indicated that his parent was abusive and that the defendant began using drugs aged ten. When Dogan was seventeen he was stopped by police for drug trafficking and his parent forced him to leave the family house. He spent time in prison for drug dealing in his young adulthood and had worked as a builder but had undergone periods of being unhoused.

He was wed and had a son with Down’s syndrome, who he was the main caregiver for, as his wife worked in a institution's dining hall. The testimony revealed his spouse did not know he had regular extramarital activities outside their union. His defence said this was his way of coping with his challenging existence. The defendant had told a mental health expert that annually he looked for paid sex on his birthday. His lawyers stated to the court he had a medical condition resulting from the pressure of the initial proceedings.