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A man was convicted on higher court review of sexually assaulting Gisele Pelicot after she was rendered comatose by her husband – and was given his incarceration period raised to a decade.

Retrial Proceedings

Husamettin Dogan, 44, an unemployed builder, who had appealed his first conviction last year, underwent a retrial this week at the appeals court in Nîmes.

A panel of nine jurors, sitting with three judges, found Dogan guilty on Thursday of sexually assaulting the victim in her residence in southern France in the early hours of 29 June 2019.

The testimony revealed that Dogan, a family man, connected with Gisèle Pelicot’s spouse, Dominique Pelicot, in an online chatroom named “without her consent”, where Pelicot was looking for men to visit his house to rape his wife once he had drugged her into a deep sleep.

We expect the court will affirm that in this society, human rights are also rights of women – that consent is personal, not given by another,” said the victim's attorney, her legal representative. “Consent is secured personally and not via a representative from a husband.”

Context

The ex-husband, among the most severe sex offenders in modern French history, was sentenced to two decades in prison last year for sedating his then wife and bringing in dozens of men to rape her in her home in the town of Mazan over a duration of many years of their marriage.

Fifty other men were found convicted in a widely publicized trial last year, and the appellant was the only man to contest his sentence. He was originally sentenced to nine years in prison, a penalty enhanced on Thursday to ten years.

The state's attorney, the prosecutor, had stated he should serve 12 years, because he “absolutely refuses to take any accountability”.

Courtroom Details

Dogan had first sent Dominique Pelicot graphic images and then driven an hour from his residence in the region to rape Gisèle Pelicot, after notifying his wife he was leaving, the evidence indicated.

Pelicot, who was transported from segregation in prison to briefly give evidence at the appeal trial, stated to the court that the accused had understood his wife had been “incapacitated” and he said to men by phone: “I seek someone to assault my wife after I’ve sedated her without her consent.”

The proceedings became a central issue for a wider discussion on rape culture in society as the defendant continued to claim he was innocent and had not engaged in violation, arguing that because the victim's husband had allowed him into the bedroom, his conduct had been permissible.

The jury in the higher court was shown recorded footage of Gisèle Pelicot’s limp body, unconscious and snoring in a deep sleep, while a smiling Dogan performed assault on several occasions over a duration of what authorities reported was three and a half hours. The presiding judge said she had been at risk of fatal outcome by choking. The state prosecution said there was absolute certainty that she had been unconscious and had not given permission.

Accused's Testimony

The defendant informed the court the recordings were simply “sex scenes” and rejected it was assault. He said what he did was “a sexual act”, not assault. He declared the court: “I never raped.” He said the victim's husband had allowed him to the home, and therefore it was acceptable. He said he was influenced by the husband. “I wanted to stop,” Dogan told the court. “I proceeded because he reassured me.”

Questioned if he wanted to make a final statement to the court, Dogan said: “I had no desire to harm that lady.”

Survivor's Statement

Gisèle Pelicot, who was cheered upon departing the trial each day by onlookers assembled to support her, addressed the defendant in court: “You fail to comprehend. When will you admit you raped me? It is unlawful to assault an incapacitated woman. When did I ever give you consent? At no time.”

Gisèle Pelicot, seventy-two, became an international feminist hero after she waived her right to confidentiality in the trial last year when she said: “The shame should shift.”

State's Argument

The prosecutor, speaking to the victim in court, said Dogan’s failure to take blame showed that: “The shame remains. The community is maybe in the course of that, possibly motivated by the societal understanding resulting from the exposure of your case.”

The prosecutor said the defendant's claims of non-guilt showed how rape culture was still common in society as part of “outdated” forms of “patriarchal control”. He said: “Now we must change rape culture to a ethos of permission.”

Sie told Dogan: “As long as you reject it, it’s not just a individual, it’s an complete unpleasant social system that you are endorsing.”

Biographical Details

Dogan was originated from the country of Turkey and at the age of five moved to the nation of France, where his parent worked as a caretaker. The testimony revealed that his parent was violent and that the defendant began smoking cannabis aged ten. When Dogan was seventeen he was stopped by police for drug trafficking and his father forced him to leave the family house. He was incarcerated in prison for drug dealing in his early 20s and had worked as a laborer but had faced periods of being unhoused.

He was married and had a child with a genetic condition, who he was the primary guardian for, as his wife worked in a school canteen. The testimony revealed his spouse did not know he had repeated sexual encounters outside their marriage. His legal team said this was his strategy for managing with his difficult circumstances. Dogan had stated to a court psychologist that annually he engaged in transactional encounters on his special day. His legal representatives stated to the court he had a medical condition resulting from the stress of the original case.