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An individual has been found guilty on appeal of raping Gisele Pelicot after she was rendered comatose by her husband – and was given his jail term extended to 10 years.

Higher Court Case

Husamettin Dogan, 44, an out-of-work construction worker, who had contested his initial guilty verdict last year, faced a retrial this week at the appeals court in Nîmes.

A panel of nine jurors, joined by three judges, convicted Dogan on Thursday of sexually assaulting the victim in her residence in Provence in the early hours of 29 June 2019.

The testimony revealed that Dogan, a married father, connected with Gisèle Pelicot’s spouse, Dominique Pelicot, in an online chatroom called “unbeknownst to her”, where the husband was recruiting men to come to his home to assault his wife once he had rendered her unconscious into a deep sleep.

“We hope the court will say loud and clear that in this nation, fundamental rights are also women’s rights – that permission is personal, not transferred,” stated Gisèle Pelicot’s attorney, Antoine Camus. “Agreement is received personally and not via a representative from a spouse.”

Background

The ex-husband, a notorious sexual predators in recent French history, was sentenced to twenty years in prison last year for incapacitating his wife at the time and soliciting multiple perpetrators to sexually assault her in her home in the community of the village of Mazan over a span of nearly ten years of their union.

Dozens of additional defendants were found convicted in a widely publicized trial last year, and Dogan was the single defendant to appeal against his sentence. He was initially sentenced to nine years in prison, a penalty raised on Thursday to ten years.

The state's attorney, Dominique Sie, had contended he should serve 12 years, because he “absolutely refuses to take any accountability”.

Evidence Presented

The defendant had first sent the husband sexually explicit photos and then driven an hour from his town in the region to assault Gisèle Pelicot, after notifying his wife he was stepping out, the court heard.

The ex-husband, who was transported from segregation in prison to temporarily give evidence at the retrial, stated to the court that the accused had known his wife had been “incapacitated” and he told to men by phone: “I want someone to abuse my wife after I’ve rendered her unconscious without her consent.”

The proceedings became a key topic for a broader debate on sexual violence norms in society as Dogan continued to assert he was innocent and had not committed rape, stating that because the victim's husband had welcomed him into the residence, his conduct had been permissible.

The panel in the Nîmes appeals court was presented with recorded footage of the victim's limp body, sedated and breathing heavily in a deep sleep, while a grinning the perpetrator performed assault multiple times over a duration of what investigators stated was 3.5 hours. The court official said she had been at danger of fatal outcome by asphyxiation. The state prosecution said there was absolute certainty that she had been unconscious and had not agreed.

Dogan's Claims

The defendant informed the court the footage were simply “intimate moments” and rejected it was rape. He said what he did was “a sexual act”, not assault. He told the court: “I never raped.” He said the victim's husband had allowed him to the home, and therefore it was OK. He said he was manipulated by the husband. “I attempted to cease,” the accused informed the court. “I carried on because he persuaded me.”

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

Pelicot's Words

Gisèle Pelicot, who was applauded upon leaving court each day by supporters gathered to support her, said to Dogan in court: “You fail to comprehend. When will you admit you assaulted me? It is illegal to rape an unaware woman. At what point did I give you permission? Never.”

The victim, 72, became an global icon after she gave up her right to privacy in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

Sie, turning to Gisèle Pelicot in court, said Dogan’s unwillingness to take accountability showed that: “The shame remains. The community is perhaps in the process of that, maybe propelled by the public consciousness resulting from the publication of your situation.”

Sie said the defendant's claims of non-guilt showed how rape culture was still common in society as part of “outdated” forms of “gender-based power”. 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 complete disturbing societal structure that you are endorsing.”

Personal History

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 court heard that his father was abusive and that Dogan began consuming marijuana at the age of 10. When Dogan was seventeen he was apprehended by authorities for selling narcotics and his parent evicted him the residence. He spent time in prison for drug dealing in his young adulthood and had worked as a laborer but had undergone periods of homelessness.

He was wed and had a son with Down’s syndrome, who he was the main caregiver for, as his wife worked in a school canteen. The testimony revealed his wife did not know he had frequent sexual encounters beyond their marriage. His legal team said this was his method of dealing with his challenging existence. Dogan had told a court psychologist that annually he engaged in commercial sex on his birthday. His lawyers stated to the court he had joint inflammation resulting from the stress of the initial proceedings.