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A man has been found guilty on higher court review of sexually assaulting Gisèle Pelicot following she was rendered comatose by her then-husband – and was given his incarceration period increased to 10 years.

Higher Court Case

Husamettin Dogan, forty-four, an out-of-work construction worker, who had challenged his initial guilty verdict last year, faced a new trial this week at the appeals court in Nîmes.

A panel of nine jurors, sitting with three judges, convicted Dogan on Thursday of raping Pelicot in her residence in southern France in the early hours of 29 June 2019.

The evidence showed that the accused, a married father, made contact with Gisèle Pelicot’s husband at the time, the husband, in an internet forum called “without her knowledge”, where the husband was looking for men to come to his home to assault his wife after he had drugged her into a deep sleep.

“We hope the panel will say loud and clear that in this society, human rights are also rights of women – that agreement is personal, not transferred,” declared Gisèle Pelicot’s lawyer, Antoine Camus. “Agreement is secured personally and not via a representative from a husband.”

Background

The ex-husband, among the most severe sex offenders in recent French history, was handed a sentence to twenty years in prison last year for sedating his then wife and soliciting dozens of men to rape her in her home in the Provence village of Mazan over a span of almost a decade of their marriage.

Dozens of additional defendants were found culpable in a notable trial last year, and the appellant was the single defendant to challenge his sentence. He was initially sentenced to 9 years in prison, a penalty increased on Thursday to 10 years.

The chief prosecutor, Dominique Sie, had contended he should serve 12 years, because he “completely denies to take any blame”.

Evidence Presented

The defendant had first sent the husband graphic images and then traveled an hour from his residence in Provence to rape the victim, after notifying his wife he was going out, the evidence indicated.

The ex-husband, who was transported from isolation in prison to temporarily provide testimony at the hearing, told the court that the accused had understood his wife had been “incapacitated” and he said to men by phone: “I want someone to assault my wife after I’ve rendered her unconscious without her consent.”

The proceedings became a key topic for a wider discussion on sexual violence norms in society as Dogan continued to say he was blameless and had not perpetrated assault, contending that because Gisèle Pelicot’s husband had allowed him into the bedroom, his actions had been acceptable.

The panel in the Nîmes appeals court was displayed video evidence of Gisèle Pelicot’s unresponsive form, comatose and snoring in a comatose state, while a smiling 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 peril of death by suffocation. The state prosecution said there was no question that she had been unaware and had not agreed.

Dogan's Claims

The defendant stated to the court the footage were simply “sexual encounters” and denied it was violation. He said what he did was “an intimate behavior”, not rape. He declared the court: “I never raped.” He said the victim's husband had allowed him to the house, and therefore it was acceptable. He said he was manipulated by the husband. “I attempted to cease,” the accused told the court. “I continued because he persuaded me.”

Inquired if he wanted to make a last words to the court, Dogan said: “I had no desire to harm that woman.”

Victim's Response

The victim, who was supported upon leaving court each day by supporters present to back her, told Dogan in court: “You do not grasp. When are you going to recognise you violated me? It is illegal to assault an unconscious woman. How could I have give you permission? Never.”

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

Prosecutor's Remarks

Sie, addressing the victim in court, said Dogan’s refusal to take accountability showed that: “Shame has not yet changed sides. The community is perhaps in the process of that, possibly driven by the societal understanding resulting from the revelation of your case.”

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

The prosecutor said to the defendant: “As long as you deny it, it’s not just a person, it’s an whole sordid cultural framework that you are upholding.”

Defendant's Background

The accused was originated from the country of Turkey and at the age of 5 came to the nation of France, where his parent worked as a building manager. The testimony revealed that his father was aggressive and that the defendant began smoking cannabis aged ten. When he was seventeen he was apprehended by authorities for dealing drugs and his father evicted him the family house. He was incarcerated in prison for drug dealing in his twenties and had worked as a construction worker but had faced periods of homelessness.

He was married and had a child with Down’s syndrome, who he was the primary guardian for, as his spouse worked in a school canteen. The testimony revealed his spouse did not know he had frequent extramarital activities beyond their union. His defence said this was his strategy for managing with his challenging existence. The defendant had informed a court psychologist that annually he looked for commercial sex on his birthday. His attorneys informed the court he had a medical condition resulting from the pressure of the first trial.