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

Retrial Proceedings

Husamettin Dogan, 44, an unemployed builder, who had contested his initial guilty verdict last year, underwent a new trial this week at the Nîmes court of appeal.

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

The evidence showed that the accused, a married father, reached out to Gisèle Pelicot’s then husband, Dominique Pelicot, in an internet forum titled “without her knowledge”, where Pelicot was seeking men to visit his house to rape his wife once he had sedated her into a comatose state.

“We hope the jury will say loud and clear that in this country, human rights are also rights of women – that permission is personal, not given by another,” declared Gisèle Pelicot’s lawyer, her legal representative. “Permission is secured directly and not via a representative from a husband.”

Background

Dominique Pelicot, among the most severe sex offenders in France's contemporary records, was given a prison term to two decades in prison last year for incapacitating his wife at the time and bringing in multiple perpetrators to rape her in her home in the community of Mazan over a span of almost a decade of their union.

Fifty other men were found guilty in a high-profile trial last year, and the appellant was the only man to contest his verdict. He was first sentenced to nine years in prison, a sentence increased on Thursday to ten years.

The state's attorney, the prosecutor, had stated he should serve twelve years, because he “stubbornly rejects to take any responsibility”.

Evidence Presented

The defendant had initially sent the husband inappropriate pictures and then traveled an hour from his town in the region to rape the victim, after notifying his wife he was stepping out, the testimony revealed.

The ex-husband, who was transported from isolation in prison to briefly provide testimony at the retrial, told the court that the accused had known 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 central issue for a larger conversation on societal attitudes in society as the defendant continued to claim he was not guilty and had not committed rape, arguing that because the victim's husband had allowed him into the residence, his actions had been acceptable.

The panel in the higher court was shown recorded footage of Gisèle Pelicot’s unresponsive form, sedated and breathing heavily in a unconscious condition, while a smiling Dogan engaged in violation repeatedly over a duration of what police said was several hours. The judge said she had been at risk of death by suffocation. The state's case said there was no doubt that she had been unconscious and had not agreed.

Defendant's Statements

The defendant stated to the court the recordings were simply “sexual encounters” and disputed it was violation. He said what he did was “an intimate behavior”, not assault. He declared the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had allowed him to the residence, and therefore it was acceptable. He said he was influenced by the husband. “I attempted to cease,” the accused stated to the court. “I continued because he convinced me.”

Inquired if he wanted to make a last words to the court, Dogan said: “I did not intend to hurt that individual.”

Survivor's Statement

The survivor, who was cheered upon leaving court each day by crowds present to back her, said to Dogan in court: “You fail to comprehend. When will you admit you violated me? It is unlawful to rape an unaware woman. At what point did I give you permission? At no time.”

The victim, seventy-two, became an symbol of resistance after she relinquished her right to privacy in the trial last year when she said: “Guilt ought to transfer.”

Legal Commentary

The prosecutor, addressing Gisèle Pelicot in court, said the defendant's unwillingness to take accountability showed that: “Guilt has not shifted. Society is possibly in the process of that, perhaps motivated by the collective awareness resulting from the exposure of your situation.”

The prosecutor said the defendant's claims of blamelessness showed how societal tolerance was still common in society as part of “outdated” forms of “patriarchal control”. He said: “Now we must change rape culture to a culture of consent.”

Sie told the defendant: “As long as you deny it, it’s not just a person, it’s an entire sordid social system that you are endorsing.”

Biographical Details

Dogan was originated from Turkey and at the age of five came to the nation of France, where his parent worked as a building manager. The evidence indicated that his father was abusive and that Dogan began consuming marijuana aged 10. When he was 17 he was apprehended by police for selling narcotics and his parent forced him to leave the residence. He spent time in prison for narcotics offenses in his young adulthood and had worked as a laborer but had faced periods of homelessness.

He was wed and had a child with special needs, who he was the principal carer for, as his wife worked in a educational cafeteria. The evidence showed his wife did not know he had regular extramarital activities outside their union. His legal team said this was his method of dealing with his difficult circumstances. Dogan had stated to a evaluator that annually he looked for commercial sex on his special day. His legal representatives informed the court he had joint inflammation resulting from the anxiety of the initial proceedings.